(영문) 청주지방법원 2017.01.13 2016노484 | 리걸엔진

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(영문) 청주지방법원 2017.01.13 2016노484

강제추행

Text

The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds of appeal is not consistent with the statements made by the victim C, the statements made by the F, claiming the witness of the victim's speech and interest in this case, are inconsistent with the victim's statements, and are excessively exaggerated as well as the defendant's obligations, and the F seems to have been sufficiently intended to evade his/her obligations by coercing the defendant in this case. In light of the above, the statements made by C and F, claiming that the victim and witness in this case were the victim in this case and witness in this case, cannot be trusted.

Therefore, even though there is no evidence to prove the facts charged in this case, the court below convicted him of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) from around 22:00 on April 3, 2015, the Defendant committed an indecent act by force against the victim C (the victim, 36 years of age) who resists the Defendant to enter the said five room without permission and the victim C (the victim, 36 years of age) who entered the said five room, and the victim’s left chest due to a sudden dispute.

B. The Defendant asserted that the lower court did not have any chest of the victim himself at the time and place specified in the facts charged.

The lower court found the Defendant guilty of the instant charges on the grounds that the following circumstances acknowledged by the evidence duly admitted and examined, namely, “the victim’s statement regarding the situation, etc. at the time of the prosecution is specific and consistent, the victim’s statement corresponds to the main part of the victim’s statement and the victim’s statement, and it is difficult for the victim to find out the grounds that make it possible for the victim to make a false statement against the Defendant.” In so doing, the lower court convicted the Defendant of the instant charges on the following grounds.

유사 판례

-청주지방법원 2016.04.28 2015고단1190

-서울동부지방법원 2019.05.24 2018고단3301

-서울중앙지방법원 2013.06.13 2012고합1517

-광주고등법원 2015.10.15 2015노276

-수원지방법원 2017.11.09 2017노2896