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(영문) 대전지방법원 2018.07.11 2018노141
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In full view of the following facts: (a) there is no credibility in each of the statements made by the victim and witness G because the statements made by the victim and witness G were inconsistent; and (b) the Defendant’s statement was consistent and false as a result of the consistent and false detection test conducted, and its credibility was high; (c) the Defendant cannot be found to have committed an indecent act against the victim as described in the facts charged in the instant case; (d) the lower court found the Defendant guilty of the instant facts charged.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. On October 22, 2016, the Defendant committed an indecent act by force against the victim by finding out the victim E (the victim 20 years old) (the victim e, 20 years old) who was on the side of the Defendant’s body in the north-gu, Seo-gu, Seocheon-si, Seocheon-gu, Seocheon-si, in order to find out the victim E (the victim eths, 20 years old), and by going back to the victim’s left chest, by going back to the victim’s end.

3. Determination

A. In a criminal trial, the finding of guilt should be based on evidence with probative value sufficient to lead a judge to a reasonable doubt that the facts charged are true, and if there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). (b) There is each statement prepared by the victim, the victim and G police, and each statement at the court of original instance, H, and I at the court of original instance, but the possibility of being the human body of the third party cannot be ruled out, taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the court of original instance and the trial. Thus, the above evidence alone constitutes an indecent act by the defendant.

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