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(영문) 서울남부지방법원 2019.01.18 2018고단3407

강제추행

Text

The defendant shall be innocent.

Reasons

1. On June 23, 2018, the Defendant: (a) around 17:15 on June 23, 2018, the Defendant committed an indecent act by holding the victim D (e.g., 21 years old) who was under the influence of alcohol in front of the Yeongdeungpo-gu Seoul Metropolitan Government Underground Store C; (b) holding the victim D (e.g., who was under the influence of alcohol; and (c) holding the victim’s chest.

2. In a judgment, the burden of proof for the criminal facts prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt.

If there is no such evidence, even if there is no such evidence, the defendant is suspected to be guilty.

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

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, etc.). The following facts or circumstances acknowledged by this court comprehensively taking account of the evidence duly adopted and examined by this court, i.e., the following facts or circumstances, i.e., the defendant's physical contact with the victim who was faced with the view to walking underground while under the influence of alcohol; ii) the victim is unaware of whether the defendant intentionally committed an indecent act, and the victim and the defendant are not able to walk with the victim. However, the victim's body and body at the time of the collision, and the mother of the victim's body at the time of the collision, and the mother of the victim's body and the body of the victim's body were not able to be able to see that the defendant was in contact with the victim in the process of the collision.