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(영문) 서울서부지방법원 2018.09.07 2017고정1631
강제추행
Text

The defendant shall be innocent.

Reasons

1. On April 24, 2017, around 18:30 on April 24, 2017, the Defendant: (a) transferred alcohol to the victim’s house located in Eunpyeong-gu Seoul Metropolitan Government, and had the victim’s house located in Eunpyeong-gu around 22:10 on the same day; (b) transferred alcohol to the victim’s house located in Eunpyeong-gu, Seoul; and (c) had the victim’s knife the knife Party’s knife the knife Party’s knife the knife Party’s knife the knife Party’s kn

2. Determination

A. The recognition of facts constituting a crime in a criminal trial ought to be based on strict evidence of probative value, which leads to the judge to have no reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or uncomfortable, it should be determined in the interests of the defendant even if there is suspicion of guilt (see Supreme Court Decision 2010Do1487, Apr. 28, 201). In particular, where the defendant consistently denies the facts charged and the defendant made a statement directly consistent with the facts charged in the record, in order to find the defendant guilty of the facts charged on the sole basis of the victim’s statement, high probative value is required to have little doubt as to the authenticity and accuracy of the statement. Determination of whether the defendant satisfies such probative value, the victim’s statement itself should be taken into account in light of the rationality, consistency, objective reasonableness, etc. of the victim’s clothes, and the victim’s 14th sentence 2011, supra.

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