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(영문) 서울동부지방법원 2017.09.21 2017고단929

강제추행

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On November 21, 2016, around 21:40 on November 21, 2016, the Defendant found the victim D (bee, 23 years old) who sited in the stairs under the influence of alcohol in front of Gwangjin-gu Seoul Special Metropolitan City, and the victim C was under the influence of alcohol.

I wish to move to the House.

"In one hand with the expression, the part of the victim's blick with the victim's blick blick blick blick blick blance of the victim and the victim's indecent act was forced.

2. Determination

A. An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, it constitutes an infringement on the victim’s sexual freedom. The determination of whether an indecent act constitutes such act must be made with careful consideration of the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and sexual morality in the age (see Supreme Court Decision 97Do2506, Jan. 23, 1998). Furthermore, the burden of proving the facts charged in a criminal trial must be based on evidence with probative value that leads to a judge’s conviction to the point of view that the facts charged are true beyond reasonable doubt. Thus, even if there is no such evidence, the defendant’s interest should be determined with the victim’s interest even if there is suspicion of guilt (see Supreme Court Decision 201Do28238, Aug. 21, 2001; 2008Do478, Apr. 28, 2007).

The argument is asserted.

There are CDs containing the statements of E, a witness, and the images of field CCTV as evidence of the facts charged of this case, according to the statements of E.