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(영문) 서울남부지방법원 2017.11.29 2017고단1060

강제추행

Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. 공소사실 피고인은 재즈 피아니스트로, 2014. 3. 29. 02:00 경부터 03:00 경 사이 서울 마포구 B에 있는 C에서 ‘ 팝업 다 이닝’ 공연을 마친 후 공연기획을 하였던 피해자 D( 여, 34세), 공연 스텝, 다른 연주자들과 함께 뒤풀이를 하였고, 마지막에 피해자와 단둘이 남게 되었다.

Defendant’s “Isle to a male-child,”

B. The victim was sitting on the side of the victim who was seated in a sofa, and the victim was forced to refuse to do so, but the victim was faced with the victim's entrance alcohol, was placed on a sofacion by pushing the victim, was placed on the victim's breath, and the victim was blicked with the victim's breath by inserting his hand.

Accordingly, the defendant committed an indecent act against the victim.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by a prosecutor, and the conviction is to be based on evidence with probative value sufficient to ensure that the facts charged are true enough to the extent that there is no reasonable doubt by the judge. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interest of the defendant is to be determined.

B. According to the evidence submitted by the prosecutor, the Defendant committed the above act of assault or intimidation to the extent that it is difficult for the Defendant to resist the victim by intentionally making it difficult for him/her to resist the victim, on the date and time, at the place specified in the above facts charged, and divided his/her talk with the victim, and thereafter, he/she got his/her hand on his/her bridge, and the victim expressed his/her intention of refusal, thereby making it known that he/she did not contact any more.

must be assessed.

It can be seen by the evidence duly adopted and investigated by the court.