강제추행
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
1. The Defendant is a herb doctor who operates the Seoul Dobong-gu Seoul Metropolitan Government F building and one Council member with "G" on the second floor.
At around 16:00 on April 17, 2017, the Defendant provided water treatment to the victim H (Woo, 39 years of age) who is a patient who was born to receive the hurrie certificate, and had the victim be punished by a bridge in the attitude of Gangseo-do that she knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee ke ke ke ke ke ke
Accordingly, the defendant committed an indecent act against the victim.
2. The prosecutor bears the burden of proving the facts that constitute the elements of the offense charged in the judgment criminal trial.
The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination ought to be based on the benefit of the defendant even if there is a doubt of guilt.
A direct evidence that corresponds to the facts charged in the instant case can be proved by H’s statement in this court and investigative agency, and the Defendant denies the facts charged consistently from the police investigation stage to this court.
In this case, only the victim's statement can be found guilty, so high probative value is required to be so high that there is no room for doubt about the truth and accuracy of the statement.
However, in light of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, H’s statements in this court and investigative agencies are difficult to believe them as they are.
① Even based on H’s statement, it is between the Defendant on the day of the instant case.