강제추행
The defendant shall be innocent.
1. On January 21, 2016, the Defendant was a one-year-year-old relationship with the victim C (nive, 43 years of age) and was in a relationship with the victim C, and around 01:30 on the “E” in the operation of the victim’s Cheongju-si D, Seo-gu, Seo-gu, Seo-gu, Cheongju-si, where the victim drinks with the victim to drink and drink the victim’s arms, and sits the victim with his will, and then, the victim’s face, who resists the victim’s shoulder and resists the victim’s face, sees the victim’s face close to the Defendant’s face, thereby making the Defendant contacted the victim’s entry.
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. The gist of the Defendant’s assertion is the date and time of the above facts charged, and at a place where the victim was in dispute with the victim, the victim tried to take the victim’s Handphones to prevent him/her from taking his/her face by making a telephone to his/her mother, but rather, he/she suffered losses from the victim’s head with his/her face and with his/her face-to-face, and did not commit an indecent act against the victim as described in the above facts charged.
3. Determination
A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and in a case where the prosecutor’s proof does not reach the degree to have such conviction, the determination ought to be made in the interests of the defendant even if there are suspicions of guilt, such as inconsistency with the defendant’s assertion or defense or non-competence.
(See Supreme Court Decision 2012Do231 Decided June 28, 2012). B.
In light of these legal principles, the principal evidence of the facts charged in this case is the police of C, who is the victim, and the statements in this court, and the statement in this court of F, who is the employee of the above main office operated by the victim.
First, each of the above statements made by the victim C are as follows, i.e., the following circumstances known by the records of the instant case, i.e. the victim at the police twice.