성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The Defendant charged with the instant facts charged is the relationship between the victim B (n, 29 years of age) and the wife, and the wife.
1. On August 24, 2013, from around 15:00 to 16:00, the Defendant: (a) committed an indecent act by force on the part of the victim, with the victim’s shoulders and necks, in the dwelling space located in the Defendant’s side-house C, both of which are closely located; and (b) the victim’s shoulders and necks were cut off by hand.
2. On January 17, 2014, the Defendant: (a) around 21:00, at the main room of the Defendant’s residence located in Do Order-gun D and E2, carried the victim’s shoulders and sprinks that were sprinks and sprinks of the victim that were sprinks and sprinks of the victim that were sprinks and sprinks of the victim that were sprinks of the victim that were sprinked and used once; and (b) on the other hand, the Defendant committed an indecent act by force by force against the victim by making spuckbucks of the victim.
3. On January 18, 2014, between 05:00 and 06:00, the Defendant committed an indecent act by force against the victim by leaving the victim’s right buckbucks, which he was divingd in the above Defendant’s residence inside the said Defendant’s residence.
2. Determination
A. The finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.
(See Supreme Court Decision 2004Do74 delivered on May 14, 2004, etc.). B.
Examining the following circumstances revealed through the records of this case in light of the aforementioned legal principles, it is difficult to view that the evidence submitted by the prosecutor alone proves that the Defendant committed an indecent act against the victim was beyond a reasonable doubt.
1) The Defendant consistently asserts that there is no indecent act against the victim from an investigative agency to the court. 2) The victim’s statement is made as core evidence that corresponds to the facts charged.
However, the following circumstances are as follows: