강제추행
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The Defendant, at around 23:00 on May 20, 2014, drinks alcohol to the victim D (n, 29 years of age) who became aware of the instant facts charged, and drinks alcohol at the Fju where they are in drinking water E.
At around 01:30 on May 21, 2014, the Defendant: (a) was under the influence of the Defendant’s GM5 car operation on the top of the Defendant’s GM5 car; and (b) was driving on the victim’s house; (c) was under the Defendant’s own hand, and the Defendant met with the victim’s left side by sending hand to the victim’s buckbucks and panty; (d) was under the victim’s back to the victim’s back and panty; and (e) the Defendant committed an indecent act by forcing the victim by inducing the victim, despite the victim’s arrival in front of the victim’s house, even though the victim tried to escape from selling.
2. The lower court found the Defendant guilty of the aforementioned facts charged by taking account of the admitted evidence.
3. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.
B. The sentence imposed by the lower court on the Defendant (4 months of imprisonment and 40 hours of taking the sexual assault treatment program) is too unreasonable.
4. Determination
A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted, and the conviction should be based on evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt that the facts charged are true.
Therefore, if there is no such evidence, even if there is no such evidence, the defendant is suspected to be guilty.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B)
The evidence that corresponds to the facts charged in this case has been written by the victim's investigative agency and court. The victim dices the defendant with the "Fjun" with the defendant's delivery or "Fjun", and dumbing the defendant with the studio room.