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(영문) 서울고등법원 2019.06.20 2018노2843
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court determined that it is difficult to believe the victim’s statement that conforms to the facts charged in regard to the acquittal portion of the lower judgment’s judgment, but there is considerable credibility because the victim’s statement at the investigative agency and the lower court made detailed statements to the extent that the victim could not speak without experience.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentencing is too unjustifiable and unreasonable.

2. Determination

A. On November 18, 2016 to November 20, 2016, the summary of the facts charged is as follows: (i) the Defendant was unable to take advantage of the reasoning of the lower judgment on the part of innocence; (ii) the Defendant, along with the Taekwondo Director’s students including the victim D (at that time, 18 years old) in Gosung-gun, Gangwon-do; and (iii) the Defendant came to hold a rally. From November 20 to 03:00 on November 20, 2016, the lower court determined that: (a) the Defendant, at the guest room in the foregoing contact room, was able to drink with the private teaching students first; (b) the Defendant was unable to take advantage of 30 minutes thereafter; (d) the Defendant was forced to take advantage of the victim’s left hand; and (e) the Defendant’s her hand by inserting the victim’s hand and forced the victim to commit an indecent act on the part of the Defendant’s hand; and (e) the lower court did so.

3) The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor. The conviction of guilt is to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so that such proof is to be borne by the public prosecutor.

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