beta
(영문) 대구지방법원 2018.12.21 2018고단3240

강제추행

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. 공소사실 피고인은 2018. 5. 4. 23:10 경 대구 중구 F에 있는 ‘G’ 이라는 상호의 클럽에 있는 비어 퐁 게임기 부근에서 위 클럽 종업원인 피해자 H( 여, 26세) 을 발견하고 손으로 피해자의 엉덩이를 1회 만졌다.

Accordingly, the defendant committed indecent acts against the victim.

2. The conviction in a criminal trial ought to be based on evidence of probative value, which leads to the judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof is not sufficiently enough to achieve such conviction, the determination ought to be based on the benefit of the defendant even if there is a suspicion of guilt (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). In light of the following facts acknowledged by the evidence duly examined and adopted by the court, the evidence submitted by the prosecutor alone cannot be deemed to have led to the degree that the prosecution is true.

(1) Statements made in this court and in an investigative agency of the victimized person H are deemed to have the floor of the injured person's her but the her butt.

After a pipe, the defendant left the right hand floor of the victim, and there was no other person than the defendant in the surrounding area.

In addition, at the time, the victim did not see that the Defendant was her her her her her her her her her her her her her her her her her her but not her her her her her her or her her her her her her her her her her her her her her her but her her her her

However, at the time, the victim H, as an employee of a club, had an empty mar in the club. At that time, the location of this case was difficult to hear due to music sound, etc.