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(영문) 수원지방법원 성남지원 2019.05.24 2019고단8
강제추행
Text

The defendant shall be innocent.

Reasons

1. On October 24, 2018, the Defendant: (a) reported the victim D (28 years of age) within a set of three soup and so on, around 01:35, in Gwangju City; (b) reported the victim D (28 years of age) within the third soup; and (c) took the victim’s bucks on the side of the bucks; and (d) forced the victim to commit an indecent act by force.

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 of probative value, which makes the judge feel true beyond a 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.

(1) In order to establish the crime of indecent act by compulsion, the Defendant’s act of contact with the victim’s body ought to be proven to the extent that there is no reasonable doubt that the act was an intentional indecent act.

B. According to the evidence duly adopted and examined by this court, it is recognized that the date and time stated in the facts charged, and the fact that the defendant saw the victim's bridge by using the victim's bridge in the victim's hands over at the victim's location (46 pages of the investigation record). However, according to each of the above evidence, the following circumstances are acknowledged.

(1) Since the victim-friendly job offers E occur, the victim-friendly job offers made a statement to the effect that anyone was suckbucks of the victim, making him/her spucks spucks.

(12) The victim was able to buck off the victim's right side without having so set soup, so long as the victim was locked at the time, place, and so on as stated in the facts charged, the victim was able to buck off the victim's right side.

(10 pages of investigation records) The victim immediately reported to 112 that "any male was suckbucks that he had caused bucks."

(16 pages) The victim and the defendant both are the right side of the victim.

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