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(영문) 대전지방법원 2016.10.19 2016노997
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (defeasible and misunderstanding of legal principles) of the victim's statement to the effect that the defendant tried to sit in kneee and had a physical contact with the defendant in the process is reliable, and the victim's statement to the effect that the defendant tried to sit in knee of the victim's knee is also acknowledged credibility, and thus, the charges of this case are found guilty.

In addition, the defendant's act of kneeing the victim's knee in itself makes the victim feel a sense of sexual humiliation or a sense of aversion by exercising a tangible force against the victim's will, and is practically executed, such act constitutes a habitful indecent act, and the victim's act of kneeing knee can be seen as the commencement of the commission of indecent act by compulsion, so at least the crime of attempted indecent act

2. Determination

A. On July 5, 2015, at around 21:00, the Defendant was seated on the victim’s knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, and kne, knee, knee, knee, and

Accordingly, the Defendant committed indecent act against the victim by assault.

B. The gist of the Defendant’s assertion is that the Defendant was faced with the situation in which he was used due to his own knee donation during the cooling season in Schlage, and he was forced to sit together with the victim by getting out of it. The Defendant did not say that he was knee and knee in the victim’s knee, knee and knee, as indicated in the facts charged.

C. The lower court determined that the F’s statement was that the Defendant stated that “I knee knee knee knee knee knee kne,” but the Defendant did not regard the victim as a seat and exceeded the Defendant.

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