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(영문) 광주지방법원 2015.07.24 2015고단901

강제추행등

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. From around 12:00 on December 11, 2014 to around 14:00, the Defendant: (a) proposed that the victim D (num, 28 years of age) who is a tenant of Gwangju Mine-gu cud 302; and (b) the victim D (num, 28 years of age) would suffer monthly rent; (c) the victim’s milch smilbling was added to the victim’s chest by hand; (d) however, the victim refused it; and (e) the victim committed an indecent act by coercioning the victim by hand while the victim was suffering.

B. On December 23, 2014, at the same place as above 16:30 on December 23, 2014, the Defendant entered the same place as above 1.30, and prior to that, the victim reported “I will report the delivery of breasts” on the first floor of the studio building, and entered the house and entered the house without the consent of the female.

Therefore, the defendant infringed upon another person's residence.

2. Determination

A. As to the act of indecent act by compulsion, a statement by the police of the victim can be seen as direct evidence corresponding to this part of the facts charged.

However, in full view of the following circumstances acknowledged by the record, it is difficult to believe the victim’s statement as it is, and the evidence submitted by the prosecutor alone is insufficient to deem that this part of the facts charged was proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it otherwise.

① The victim, who entered the Defendant’s care room and called “her chests only once,” frequently affixed a cell phone on the front page of the instant day, and affixed a video image of the damage situation. On December 23, 2014, the Defendant stated that the Defendant no Handphones no longer exist after the victim’s care.

However, in preparation for the victim's occurrence of damage, it is common that the victim's photographed image is used as evidence to report it to the investigation agency as evidence, and the victim's protection on December 23, 2014 is not the victim.