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(영문) 의정부지방법원 2020.11.12 2019고정1575
강제추행
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On January 13, 2019, the Defendant: (a) discovered the victim D (the age of 23) who walked on the road in front of C real estate located in Namyang-si, Namyang-si; (b) found the victim D (the age of 23); (c) under the influence of alcohol, the Defendant committed an indecent act by force against the victim by making the victim’s chest only once by his/her own hand.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof fails to sufficiently reach the extent to have the aforementioned convictions, the determination ought to be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(1) In light of the aforementioned legal principles, the lower court’s judgment on April 28, 201 (see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 201) comprehensively based on the evidence duly admitted and investigated by the court, and based on the following circumstances, acknowledged the fact that the Defendant’s grandchildren contacted the victim’s chest, but the evidence submitted by the prosecutor alone cannot be deemed as having proved that the Defendant had “the victim’s intent to cross the victim’s chest,” without any reasonable doubt, and there is no other evidence to acknowledge it.

(1) The Defendant consistently denies the crime from the first investigative agency to the present court.

② The victim was present as a witness in this court, and “the victim was going to her delivery along with his deadly village, and the defendant was seeing the side of the victim by dancing his trees, etc. on the front side of the direction of the proceeding.” The victim, “A change in the crosswalk signal, the defendant, in order to build the crosswalk, she walked her arms in the course to the right side in the course, pushed her arm in the course to the right side of the victim’s left chest, cut off one time, and cut the crosswalk as they are.”

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