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(영문) 창원지방법원 2017.01.12 2016노2038
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant did not have committed an indecent act against the victim, the judgment of the court below which judged otherwise and sentenced the defendant guilty is erroneous in the misapprehension of facts.

2. According to the evidence duly adopted and examined by the court below, the following circumstances are acknowledged.

(1) A victim reported 112 on the day of the instant case to the scene by a police officer, and the victim sent to the scene.

“The Defendant stated to the effect that it was “,” and the Defendant Dok G kne kne and kneed to the victim.

② From the police investigation on the day of the instant case to the lower court’s trial, the victim, from the day of the instant case to the day of the lower court’s trial, “The Defendant, on the ground that he refused the Defendant’s seat request from the main point of view, was able to see himself and herself, and the Defendant was selbowd twice in the course of his claim

Specificly, the purport of “” is consistently stated.

③ The witness F of the lower court, who was at the scene at the time of the victim’s driving due to the victim, was able to see that “the Defendant was able to take the victim’s bath, such as “the same year and body blue”, and the Defendant was able to blue the victim’s chest due to his hand and arms.

“The statement was made to the effect that it conforms to the victim’s statement.”

In full view of the above circumstances, it is sufficiently recognized that the defendant committed an indecent act against the victim by forcing him/her to commit an indecent act by using his/her fingers and elbows twice. The defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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