강제추행
The defendant shall be innocent.
1. On November 9, 2015, the Defendant asked the victim D (Woo, 33 years of age) located in the Young-si, Young-gu, Suwon-si, to enter the head office, which is operated by the victim D (Woo-gu, 33 years of age) with his/her will, and asked the victim whether he/she has a Handphone, and then asked him/her whether he/she had a handphone, thereby committing an indecent act by force against the victim, such as: (a) the Defendant sprinking the victim’s shoulder with his/her left hand; and (b) the Defendant sponsed him/her with his/her shoulder; and (c) the Defendant forced him/her to commit an indecent act by force.
2. Determination
A. On the other hand, in a criminal trial, the conviction should be based on evidence with probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach such a level that leads to conviction, the defendant’s interest should be determined even if there is suspicion of guilt (see, e.g., Supreme Court Decision 201Do15767, Feb. 13, 2014). (B) The defendant and the defense counsel consistently asserted that there was no indecent act against the victim from an investigative agency to this court. However, in this case, there is no direct evidence to acknowledge the facts charged, other than the statement of the victim and the victim’s husband E, so in order to determine the defendant guilty on the grounds of this, the credibility of the facts charged should be determined to the extent that there is no reasonable doubt in the victim’s and the victim’s husband’s statement in light of the following outcome, objective circumstances, experience, etc. (see, e.g., Supreme Court Decision 2015Do164.).
According to the evidence duly adopted and examined by this Court, the following circumstances are recognized:
(1) A victim shall have the criminal defendant commit an indecent act against himself/herself from an investigative agency to this court.