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(영문) 서울중앙지방법원 2016.11.04 2016고단5272

강제추행

Text

The defendant shall be innocent.

Reasons

The Defendant, at the end of June 2015, supported the “D Teaching Institute” located in Busan Northern-gu, Busan as a postponed lecturer, and worked as an instructor at the said driving school from August 1, 2015 to September 30, 2015, and the victim E (V, 22 years of age) was the head of the team in charge of the affairs of the said driving school at the time.

At around 16:30 on July 31, 2015, the Defendant: (a) informed the victim of the location of an instructor’s lodging in front of the “G” located in the Busan Northern-gu, Busan, and provided a talk about the extension with the victim on the way back to the said private teaching institute; and (b) provided the victim with “it shall be easy for the galm to postpone the snow.” On the other hand, the Defendant committed an indecent act in such a way that the victim’s kidstle back to the back of the galth of the galth of the galth of the galth of the galth of the galth of the galth of the galth of the galth of the galth of the galth of the galth of the g

Judgment

In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by a public prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). In relation to the instant case, the health team, evidence that conforms to the facts charged by the Defendant is a victim’s investigative agency and court, each of the victim’s statements in the investigation agency and court, and the head of the private teaching institute H’s investigative agency and court that stated the facts of damage on the day of said case

In light of the credibility of the above evidence, the victim stated that he was forced to commit an indecent act as stated in the facts charged by the defendant, and the president H of the private teaching institute is on the day when the victim was involved.