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(영문) 서울중앙지방법원 2017.02.10 2016고단8045
강제추행
Text

The defendant shall be innocent.

Reasons

On July 10, 2016, from around 03:30 to 05:00 on the same day, the Defendant discovered the victim E (n, 30 years of age) within the “D” of the first floor of the building located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, and followed the said victim, and used the said victim behind him/herself, and used the said victim’s chest back to her hand, and used the said victim’s chest on a single-time basis.

Accordingly, the Defendant forced the above victim to commit an indecent act.

Judgment

The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). The defendant and his/her defense counsel asserted that the defendant did not commit an indecent act against the victim, and they tried to keep the victim out of his/her chest and why why he/she would depend on, and why he/she would have caused the victim to commit an indecent act, and that if the victim had committed an indecent act at the end of his/her own time, he/she was tried to have the victim committed an indecent act, that is, the third party's indecent act.

In addition, there are statements from victims and their-friendly job offers F as direct evidence corresponding to the above facts charged.

However, according to the records of this case, the victim only saw the face of the offender immediately after the indecent act was committed, but did not see the face, and the place where the perpetrator was committed an indecent act at the time is inside the club. The location was Doz and there were many other persons, and the offender was Doz Doz Doz Doz k Do k k k k k k k k k k k k k k k k k k k k k k k k k k k k's k k k k k k's k k k kn

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