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(영문) 광주지방법원 목포지원 2015.09.22 2015고단462

강제추행

Text

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

Reasons

1. On November 23:00 on November 23, 2014, the Defendant, within “D” located in “D,” as a member of the Internet EF’s gathering and talked with the members of the “F” gathering, he had been seated on the right side of the victim G (the age of 27).

The Defendant, on his own hand, rhymd the victim’s shoulder and rhym, followed the victim’s shoulder, followed the Defendant’s finger, and committed an indecent act by force on the part of the victim by putting the chest of the victim himself on one time.

2. Determination:

A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof is not sufficiently enough to achieve such conviction, the determination ought to be based on the defendant’s benefit even if there is a suspicion of guilt.

(Supreme Court Decision 201Do15767 Decided February 13, 2014, etc.) B.

In light of the following circumstances acknowledged by the record, it is difficult to believe that each of the statements between the victim and H is not reliable, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize that the defendant committed an indecent act by force against the victim, as stated in the facts charged, and there is no other evidence to acknowledge this differently.

① At the time of investigation agency, the victim G was the victim’s body while the Defendant 's shouldered twice with the victim’s shouldered up to the hand, etc., and the victim got out of the body while the victim followed the arms, and the Defendant was her chest.