beta
(영문) 서울서부지방법원 2015.05.07 2014고단2910

강제추행

Text

The defendant shall be innocent.

Reasons

1. The Defendant, in the facts charged, was living together in the D club located in Yongsan-gu Seoul Metropolitan Government with the victim E (nive, 27 years of age) and talked outside the club, and the victim’s day-to-day day-off time became the victim’s day-to-day day-day day-time day-to-day day-day day-to-day day-the-day day-day day-day day-to-day day-day day-the-day day-day day-to-day day

At around 04:00 on March 29, 2014, the Defendant committed an indecent act in the taxi, as a new village located in Yongsan-gu Seoul Metropolitan Government in Yongsan-gu, Yongsan-gu, Seoul, with his hand, committed an indecent act on the part of the victim E (the age of 27 years) who was on the back seat of the taxi, and committed an indecent act on the part of the victim.

B. At around 06:00 on March 29, 2013, the Defendant committed an indecent act at Defendant’s house by force against the victim’s son and son who was seated in the Defendant’s house F in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

2. Determination

A. On March 29, 2014, the Defendant consistently asserted that, from the investigative agency to this court, the Defendant left a taxi and returned to the Defendant’s home while getting on a new wall along with the victim who became aware of in the club, and returned to the Defendant’s home, and that the Defendant did not have any fact of deceiving the victim as stated in the facts charged.

B. (1) In a criminal trial, the recognition of a criminal fact should be based on strict evidence of probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction is to be ensured, it should be determined in the interests of the defendant.

(2) There are only statements in investigation agencies of E, the victim, and in this court, as evidence that seem to correspond to the facts charged in the instant case.

(3) The victim is able to look at the victim's arms and bucks and bucks in the taxi as the defendant expects the head to the shoulder of the victim, with his hand.