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(영문) 서울중앙지방법원 2018.05.16 2017고단8016
강제추행등
Text

The defendant shall be innocent.

Reasons

1. The facts charged in this case

A. On June 6, 2017, the Defendant committed an indecent act in a manner that, around 04:40, the Defendant committed an indecent act by force, following the victim D (VIP) who had danced in Seocho-gu Seoul Metropolitan Government “VIP Roster C” in the “VIP Round” located in Seocho-gu Seoul Metropolitan Government, with his hand only once.

Accordingly, the defendant committed an indecent act against the victim's will.

B. On June 6, 2017, the Defendant assaulted the victim in front of a club such as “A” on June 6, 2017, such as the defect that the victim tried to report to 112, the victim’s arms, and the scambling of telephone equipment.

Accordingly, the defendant assaulted the victim.

2. Determination

A. As to compulsory indecent acts, the establishment of facts constituting an offense ought to be based on strict evidence with probative value that leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree of conviction as above, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, the determination should be made in the interest of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). 2) The following circumstances are acknowledged according to the evidence duly adopted by the court and examined by the court:

A) The victim asserts to the effect that, from the investigative agency to this court, the victim made a statement from the investigative agency to the victim that “I am her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her, and that

On the other hand, the defendant, at the time of dancing in the ice test, continued to be too many people to go to the VIP Round while getting into the Round, and found a person who was seen to go to work in the process and rapid.

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