beta
(영문) 부산지방법원 2014.02.19 2013고단5733

강제추행

Text

1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.

Reasons

1. On May 17, 2013, the Defendant, at around 00:30 on May 17, 2013, committed indecent act by compulsion of the victim E (the age of 27), who returned home to the campus of the Busan City University, by drinking the confluence of a festival to force force by force.

2. The evidence that there is a criminal fact in the printing criminal procedure is presented by the prosecutor. Even if the defendant's indictment is unreasonable and the defendant's indictment is false, it cannot be disadvantageous to the defendant, and criminal facts must be proven by the judge with high probability to the extent that there is no reasonable doubt (see Supreme Court Decision 91Do1385, Aug. 13, 1991). If there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, the suspicion of guilt is between the defendant even if there is no doubt of guilt.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 92Do3327 delivered on March 23, 1993). The defendant's statement (this court's testimony, statement, accusation) as evidence presented by the prosecutor to prove the facts charged of this case, F's statement (this court's testimony, statement, accusation) and statement (this court's testimony, statement, investigation result report, etc.) of the victim's statement, G's statement (this court's testimony, statement, investigation result report, etc.). When collecting these evidence, the victim stated the following facts and circumstances (i.e., "the victim's statement was flick about his breast, flick about his breast, and flick about or flick about his body," and these statements were consistent from the police investigation to this court, and (ii) the victim's statement was flick about the victim's own chest, and the victim's statement was flick about the victim's child without delay, and the victim's statement was flick about the victim's statement.