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(영문) 대구지방법원 서부지원 2019.06.13 2018고단1292
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant first became aware of in the victim B (a name) and the age club through installmenting.

On February 27, 2018, the Defendant: (a) around 23:55 on February 27, 2018, in the Daegu Western-gu, Daegu-gu, and (b) on February 27, 2018, the victim, who was seated next to the Defendant, was unable to take any defect in order to cause the Defendant to see the Defendant; (c) on the one hand, the victim’s her her her her her her her her her her her her her her her her her her her her her b

2. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the facts constituting the crime prosecuted, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B)

The victim's statement in the investigative agency and the court can be seen as direct evidence that corresponds to the facts charged in the instant case.

However, in light of the following circumstances acknowledged through evidence duly adopted and examined by this court, it is difficult to view that the Defendant’s statement in the victim’s investigative agency and this court alone alone did not have proved without any reasonable doubt that the Defendant committed an indecent act against the victim by forcing the victim. The remainder of the evidence submitted by the prosecutor, in particular, the witness D’s statement in the court is not directly witnessed by the Defendant, but based on the specialized contents from the victim, and thus, it is insufficient to acknowledge it. There is no evidence to acknowledge the facts charged.

(1) A victim shall be subjected to an indecent act by the defendant.

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