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(영문) 청주지방법원 충주지원 2019.01.18 2018고단493
강제추행
Text

The defendant shall be innocent.

Reasons

1. On June 1, 2018, the Defendant: (a) around 03:30 on the charge, at the main point of “C” located in “C” located in Chungcheongnam-si; (b) together with the Defendant’s daily behaviors and the conduct of the victim D (the age of 21) and carried out games that meet his/her hand.

The Defendant: (a) committed indecent act by force by force on the part of the victim by driving the victim’s left chest by driving the victim’s game and driving the victim’s right finger in a protruding area into the victim’s left chest; and (b) by force on two occasions.

2. The Defendant denies the facts charged from the early investigation to the court.

The direct evidence corresponding to the facts charged in this case is only the victim's statement, such as the victim's witness witness D's legal statement and the statement of investigation agency.

According to the above evidence, there is a doubt of guilt to some extent.

However, considering the following facts and circumstances acknowledged by the evidence adopted and investigated by the court, it is difficult to view that the facts charged in this case are proven to the extent that there is no reasonable doubt only by the evidence submitted by the prosecutor, including the victim’s statement.

(1) At the time, while there was E on the right side of the defendant at the time and there was a little entangling and residing in the upper body while the victim was on the right side of the defendant, the defendant was in a situation where the defendant was able to see the hand of the defendant with the left hand, and the victim was able to kn the hand of the defendant with the left hand.

To this end, it is difficult to eliminate the possibility that the defendant had contacted the victim's breasts without intention by extending out the arm's length.

(2) In order for the victim to be found guilty on the sole basis of the victim’s statement, it is required to have high probative value to the extent that there is little doubt about the authenticity and accuracy of the statement.

The victim D's legal statement is the content and attitude of the statement, the witness F's legal statement, and the victim's attitude and behavior after the case.

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