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(영문) 울산지방법원 2017.01.12 2016고단3254
강제추행
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. On April 21, 2016, the Defendant, at around 03:43, the main point of the charge, “D” located in Ulsan-gu, Ulsan-gu, Seoul (2nd floor), followed by the Victim E (25 years old), who is another customer, committed an indecent act by force against the victim by hand on one occasion.

2. Determination

A. Criminal facts in a criminal trial ought to be established based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, even if there is suspicion of guilt, such as that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) In light of the foregoing legal doctrine, the facts charged in the instant case was proven to the extent that there is no reasonable doubt for the following reasons.

It is difficult to see it.

(1) Although the Defendant could have contacted the victim’s claim or the first investigative agency, he/she intentionally made a consistent statement that he/she did not have any her her her her her her her her her her her her her her butt.

(2) According to CCTV images of the above main point where the commission of the crime was taken, the Defendant, at the time, she was able to walk back to the following side of the victim, who she was holding a string and talked with the table, according to the passage between the table. The Defendant does not have to take a string of the victim’s her turb, or conduct to see it clearly.

(3) The victim reported to 112 that the Defendant did not recognize the indecent act, and stated the fact of damage at the police station after about one hour and 50 minutes from the date of the crime. At that time, the victim’s statement was “I am her her tur, while I am going to the right box to the right box to go to the house at the time of the crime.”

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