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(영문) 인천지방법원 2020.10.16 2020노257
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not commit an indecent act by deceiving the victim’s chest as stated in the facts charged of this case. Even if the Defendant committed such an act, the Defendant did not have the intent to commit an indecent act against the Defendant.

Nevertheless, the lower court erred by misapprehending the legal principles or misconception of facts that found the Defendant guilty of the facts charged of this case.

2. Determination

A. The lower court determined that the lower court: (a) found the following facts or circumstances acknowledged by evidence duly adopted and investigated by the court of the lower court; (b) (c) found that the victim’s statement is consistent with the main parts from the investigation agency to the court of the lower court; (d) there is no objective reason to deem credibility from objectively; (b) the victim clearly stated the facts committed an indecent act by the Defendant; (c) it seems difficult to make the victim’s statement without direct experience; (d) the victim reported the damage directly to the police officer dispatched due to the dispute between the Defendant and the victim; (d) the victim’s attendance at the court of the lower court from the date of the instant crime to the date of the statement; (e) the victim’s statement was not clearly identified when the crime of this case was committed, but the victim’s statement immediately before and after the instant crime was not clearly modified; and (e) the victim’s statement at the risk and credibility on the grounds that it was difficult to find the victim’s testimony at the risk of causing danger to the victim.

(b).

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