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(영문) 창원지방법원 2017.12.12 2017고단2610

강제추행

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On February 22, 2017, the Defendant, who was aware of at least 04:30 on February 22, 2017, her fright C and her house located in Category C of D building 401 in Kimhae-si, and the victim E (V, 22 years old) was under the influence of alcohol and was under the influence of alcohol, exempted from all clothes at C’s house bed and diving before the Defendant.

Defendant 1: (a) The Defendant 1 had the victim who had the above C and alcohol in accordance with the following proposal C:

C During the course of diving by cutting the head of C in the above part of the bed end of C, the locked was committed by indecent act against the victim by using the part of the victim's et al. in several times.

2. In a criminal trial, the burden of proving the criminal facts prosecuted in the criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, the interest of the defendant should be judged (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). The evidence consistent with the facts charged lies in the victim's investigative agency and its court statements, and the F.C., sent to the victim.

피해자는 이 법정에서 ‘ 자 다가 누가 등을 만지는 느낌이 들어 깼고, 그 손이 내 등 윗 부분을 15 ~ 20 센티미터 정도를 쓸어 올렸다가 쓸어 내리는 동작을 1분 안에 4번 정도 반복했으며, 곧바로 뒤돌아보니 C은 자신을 등지고 깊이 자고 있고 피고인의 오른팔이 C에게 팔 베게를 해 주고 있어 자신과 C 사이에 피고인의 오른손이 있어 피고인이 자신을 만졌다고

I think, while I think, I think that the defendant was able to see his eye, but he was able to do so repeatedly, and therefore the defendant was able to do so.