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(영문) 서울동부지방법원 2020.11.19 2020노781
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

A. Although the Defendant’s her son’s son’s son’s son’s son’s son’s son’s her son’s her son’s son’s her son’s son’s her son’s son’s her son’s son’s her son’

B. The Prosecutor’s sentence (a fine of KRW 3 million, order to complete a program) is too unhued and unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a swimming pool C in Jongno-gu Seoul Metropolitan Government, and the victim D (the age of 27) is a member who received a swimming course from the Defendant.

On May 2019, the Defendant, at the above swimming pool, committed an indecent act by force against the victim, such as the victim, who carried the swimming kicket in hand and carried out the training of the kick kick kick, and the victim's knick with his own hand, with his knick knick knife three times his knife.

B. The lower court determined that the Defendant’s act constitutes an “indecent act,” and the Defendant’s act cannot be deemed as an act that does not violate the social rules, in full view of the following: (a) the Defendant’s physical part in contact with the victim was her left part, and the Defendant could have verified whether the Defendant was her power by placing other parts of the body that he was her in contact with the victim; and (b) the victim got a sense of shame due to the above physical contact; and (c) the Defendant’s act constitutes an “indecent act,” and the Defendant’s act cannot be deemed as an act that does not violate the said

C. The burden of proof for the criminal facts prosecuted in the criminal trial for the judgment of the trial court is the prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, so long as there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even the interests of the defendant shall be judged by the interests of the defendant.

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