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(영문) 서울북부지방법원 2017.01.12 2015고단4608
강제추행
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a proprietor of a 'E' restaurant located in the Jung-gu Seoul Metropolitan Government, where the Victim C (V, 53 years of age) was employed as the main employee from April 6, 2015 to June 16, 2015.

On April 20, 2015, at around 04:00, the Defendant stayed in the vicinity of the victim's residence located in the Jung-gu Seoul Metropolitan Government, brought the victim with two descendants in the manner of drinking the victim to commit an indecent act against the victim while staying home and staying home in the steering room, as shown in the list of crimes in the attached Table until May 2015, the Defendant forced the victim to use the above 7 passenger car of the Defendant or the above 'E' restaurant store and warehouse 19 times in total, as shown in the list of crimes in the attached list of crimes.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Determination

A. In a criminal trial, the burden of proving the facts charged lies in the prosecutor, and the conviction should be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interest of the defendant should be determined.

B. We examine the following as to each forced indecent act in the sequence 1 and 3 of the list of crimes committed in the annexed crimes.

Although evidence corresponding to each of the facts charged in this part exists in C’s investigative agency and court, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is difficult to believe that each of the above statements was made as it is. Other evidence submitted by the prosecutor alone was the act of the Defendant stated in the facts charged in C.

It is difficult to readily conclude.

(1) On June 19, 2015, C commenced the first hand on the complaint by the Defendant and the second hand on his own in the train and the second hand on the complaint by the Defendant.

record and submit to the investigation agency.

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