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(영문) 서울중앙지방법원 2019.08.19 2019고합390 (2)
강제추행
Text

The defendant shall be innocent.

Reasons

1. On July 26, 2018, at around 23:46, the Defendant: (a) was behind the victim D (one’s name, two years of age, and twenty) who was carrying goods in the “Cromarket” store located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant committed an indecent act by force against the victim by taking the victim’s her knb, her own hand, etc.

2. The summary of the Defendant’s assertion that the Defendant and his defense counsel asserted only after the victim’s back in the Cmarket at the time of the instant case, and the Defendant’s hand, etc. in contact with the victim’s body or clothes, but there was no fact that the Defendant intentionally committed indecent act by compulsion and did not reach the victim.

3. Innocences guilty of the jury's verdict: Nine persons (with a unanimous verdict).

4. The evidence presented by the prosecutor alone cannot be deemed as proved beyond reasonable doubt that the defendant intentionally committed the act identical to the entries in the instant facts charged, and there is no other evidence to prove otherwise.

Therefore, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, innocence is pronounced under the latter part of Article 325

For more than one reason, it is decided as per Disposition through a participatory trial under the Act on Citizen Participation in Criminal Trials.

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