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(영문) 춘천지방법원 2018.10.18 2018고단458
강제추행
Text

The defendant shall disclose the purport of a judgment of innocence.

Reasons

1. The Defendant is a person charged with the charge of “C Burial” in Chuncheon-si, and the victim D (V, 28 years of age) is an employee of the above store from May 10, 2017 to November 15 of the same year.

A. The Defendant, on September 1, 2017, 10:00 on the middle and middle 10:00, laid down the victim’s left right side 2:3 times, with the Defendant’s hand flab in the above store, and then, she can see the victim’s blab.

"........ 4 to 5 times each side of the victim's knife knife by the knife knife of the victim who is seated later, committed an indecent act by force against the victim.

B. On September 2017, the Defendant: (a) 11:00 to 12:00 as of the end of the foregoing store; (b) she humply committed an indecent act against the victim on the part of the victim following the victim, who was seated in the foregoing store, on one hand; and (c) 3 times by another hand on the part of the victim’s right side.

(c)

On September 13, 2017, at around 13:00, the Defendant committed an indecent act by force on the part of the victim, who was on the front side of the above store, with his hand 4-5 prush, and later, the victim’s left side side flashed up to the brush.

(d)

On October 2017, the Defendant, around 13:30, 2017, put the victim into the front seat of the warehouse in the above store, and committed an indecent act by force against the victim by driving the victim’s leblance in the front hand of the victim.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see Supreme Court Decision 2010Do1487, Apr. 28, 201). The crime of indecent act by force was committed by assault or intimidation against the other party to make it difficult to resist.

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