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(영문) 서울중앙지방법원 2018.10.11 2018노1476
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the defendant's appeal is as follows: although the defendant did not commit an indecent act against C, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles as to rules of evidence and thereby finding

2. In full view of the evidence duly admitted and examined by the court below, the court below's judgment that found the defendant guilty of the facts charged of this case is just and there is no error of law by misapprehending the legal principles as to the rules of evidence or by misapprehending the facts.

A. The victim made a relatively specific and consistent statement in an investigative agency and this court about the front and rear situation of the instant crime, the method and side of the instant crime.

In addition, it is not clear about the method or part of one indecent act.

The statement is that the defendant's act of taking the defendant's hand without the defendant's words or special intent is not bad.

In light of this point, the victim's statement is not deemed to have the intention of admitting the defendant as an bad sexual indecent act or obtaining certain benefits through the exaggeration of the situation of the victim.

B. The victim’s statement of taxi article that he/she boarded in a restaurant immediately after the victim committed an indecent act is strongly supported by the victim’s statement, and G dialogue exchanged between the Defendant and the victim is more reliable than the change of the Defendant.

(c)

The defendant's vindication that the injured person filed a complaint against his/her sexual indecent act in light of his/her attitude of appraisal is difficult to accept, and there is no circumstance in which the injured person filed a complaint against the defendant for bad faith.

3. Therefore, 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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