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(영문) 서울중앙지방법원 2015.07.22 2014고단10170

강제추행

Text

The defendant shall be innocent.

Reasons

1. Around June 27, 2014, the Defendant, at around 23:48, 2014, forced the victim to commit an indecent act by force, on the following grounds: (a) on the part of the facts charged, the Defendant was going to walk a bridge that connects the old-powered fishery market in Dongjak-gu Seoul Metropolitan Government with the old-powered fishery market; and (b) found the victim D (24 years old) whose photograph was stamped at that place; and (c) the victim’s chest was rhyd with the victim’s her own hand to the part her her b

2. Direct evidence that seems to correspond to the facts charged in the instant case lies in the police of the victim, the statements in this court, E investigative agencies and legal statements, and F’s legal statement.

According to this, there is little doubt that the defendant does not commit an indecent act against the victim.

However, in full view of the following circumstances acknowledged by the record, the possibility that the victim might have mistaken the defendant as a criminal cannot be ruled out, and the evidence submitted by the prosecutor alone is insufficient to deem that the defendant committed a crime, such as the description of the facts charged, to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it otherwise.

① At the time, the injured party took two photographs along with his own chest and her her son, but the accused made a statement that his her her son and her son became fast as they turn on the her son, and stated the detailed contents of the damage.

However, as to whether the defendant was a criminal who committed the above act, the victim did not properly regard the face of the criminal in this court, and only cited the fact that the defendant was at the time immediately after the case was committed for a specific reason as an offender, and that he was the person who appears first.

② Furthermore, at the time of Defendant 1’s oral statement, there was a total of seven persons, and even based on the victim’s statement, immediately after the instant case, there were two persons around Defendant 1’s daily statement at a distance of about two to three sides, and there was more two persons around Defendant 1’s daily statement.