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(영문) 서울동부지방법원 2017.07.14 2016고단4214

강제추행등

Text

Of the facts charged in the instant case, the charge of coercion is not guilty. The charge of assault and assault among the facts charged in the instant case is prosecuted.

Reasons

Parts of innocence

1. On January 2016, the Defendant: (a) brought the victim E ( South and 16 years of age) who arranged garbage in a “D” warehouse located on the Songpa-gu Seoul Metropolitan Government C and the first floor of the charges; (b) brought the victim’s sexual organ one time with the victim’s own hand; and (c) the victim “Ign the Standing Party.”

In spite of the fact that “the victim’s sexual organ was cut off twice by hand, the victim was forced to commit an indecent act by force.”

2. The defendant is consistently denying the victim's investigative agency and legal statement as evidence corresponding to the above facts charged.

In doing so, it is difficult to say that, even if a thorough examination of the attitude of the victim and the victim’s statement appearing in the court and evidence records of the defendant (whether there was a tables that the victim was enrolled in the warehouse at the time of the instant case, but only it is recognized that there was no tables at present) and the objective situation are consistent with the victim’s statement and the victim’s statement (the examination of the victim’s false detection devices was conducted, but there was no false response, and it did not result in any false response, and the prosecutor did not contact with the defendant before the scheduled date of the prosecutor’s examination, and the prosecutor did not conduct any false detection devices for the defendant at the time of interrogation of the suspect. The victim’s statement alone proves that the charge was proven without any reasonable doubt).

It is difficult to see and otherwise there is no evidence to acknowledge it.

3. According to the conclusion, this part of the facts charged constitutes a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

Rejection of Public Prosecution

1. On May 2015, the Defendant charged with the facts charged against the victim E ( South and 16 years old) from “D” located on the Songpa-gu Seoul Metropolitan Government and the first floor.