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(영문) 서울북부지방법원 2017.03.23 2016고단4738
강제추행
Text

The defendant shall be innocent.

Reasons

1. On July 16, 2016, the Defendant, at around 03:20 on July 16, 2016, was the victim D (the age of 55) located in Seongbuk-gu Seoul Metropolitan Government, and the Defendant, in the course of drinking in the E teahouse operated by the Defendant, called “the victim is off her panty even if her bitch bitch bitch bitch bitch bitch bitch bitch bitch,” was the victim’s own hand.

The victims were forced to commit indecent acts, such as exceeding panty.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is deemed that there is no credibility of D's statements in this court, D's statements, and police's statements in relation to D's statements, which correspond to the facts charged in the instant case.

① A written statement was drawn up immediately after the occurrence of the instant case. D relatively detailed and detailed from the time of the instant teahouse operated by the Defendant to the time of reporting to the police, but D did not first state the fact that the Defendant was in his/her own panty, and later added the following: “The Defendant was forced to go off panty.”

D has reported 112 to the effect that the Defendant was discharged from one’s own panty, and that the part, other than the panty theory, which can be deemed as the exercise of direct tangible power to D’s body, among the Defendant’s actions, shall not be easily understood that the Defendant was exempted from panty unless it was stated from the beginning (D’s suspicion that the part, “I are forced to be exempted from panty,” is not stated additionally after the lapse of any time other than at the time of the preparation of the written statement). (2) D is doubtful that the Defendant was discharged from panty in an investigative agency.

In this Court, the first statement was made, but the panty did not so easily after the first statement was made, and panty did not so.

to the purport that the panty is teared.

The statement was changed.

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