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(영문) 인천지방법원 2018.07.27 2018노142
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The defendant, on the grounds of appeal, was an employee of a restaurant, who was flicked to the defendant, and was flicked by the victim in his/her hand in order to get the victim to flick, and the victim was not flicked three times in his/her hand, and there was no intention to conduct the flick.

2. On March 12, 2017, the Defendant, at around 17:00, committed an indecent act by force three times in his/her hands, the victim OO (n, 20 years of age) who was an employee who ice ices in a “D” restaurant located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul.

3. According to the evidence duly adopted and examined by the lower court and the trial court, the Defendant, as a general secretary of the mountain conference, ordered the victim who is an employee of the restaurant at the meeting place, but the victim respondeded to the Defendant, and the victim respondeded to the victim by the mountain member who was seated in the part of the Defendant, and caused the victim to respond to the victim. The Defendant also recognized that the victim made the victim respond to the victim by making the victim's her her her her her her her her her her her her her her her her her his her her her her her her her her her her her her hers his her her her her her her her her hers his her her her her her her her her her her her her hers his her her her her her her her her her her hers

The judgment of the court below which convicted the defendant on the ground that there is no other evidence to acknowledge the intention of the indecent act by force against the defendant. The defendant's assertion is with merit.

4. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the decision is made again as follows.

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