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(영문) 서울북부지방법원 2018.12.13 2017고단5244
강제추행
Text

The defendant shall be innocent.

Reasons

1. On August 13, 2017, around 16:30, the Defendant committed an indecent act by force against the victim C (n, 23 years of age) who passed around the first floor of the building B in Bupyeong-gu Incheon, Incheon, by side of the victim C (n, f, and 23 years of age).

2. The prosecutor bears the burden of proving the facts that constitute the elements of the offense charged in the judgment criminal trial.

The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination ought to be based on the benefit of the defendant even if there is a doubt of guilt.

C has consistently stated that, while leaving the way in the investigative agency and at the time and place specified in the facts charged, the defendant left his her her her her her her her her her her her her her her her her her her her her her her but her

In addition, according to CCTV images taken forward before the scene of the case at the time, it appears that the defendant is able to take a part in the escalator by making a right-way after passing through the victim's front side, and the victim stopped around the time when the defendant passes through her side, and then the mother of the victim and the victim have stopped from the moment when the defendant is able to go through her side, and it is confirmed that the defendant is able to look at the defendant's rear behavior where her mother and her mother are getting on her eraculation by stopping down.

Although there is a sense that the injured person was able to commit an indecent act, and the mother stops, or sees the back habits of the accused together with his mother, there are many people in the right side of the injured person.

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