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(영문) 부산지방법원 동부지원 2016.02.16 2015고합191
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On July 2, 2015, the Defendant: (a) on July 2, 2015, at the guest room where it is impossible to know the heading of the DNA conference located in Busan Southern-gu, Busan-gu, the Defendant: (b) on the part of the victim E while drinking alcohol together with the victim E (the 16-year old-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-long-her-her-her-her-her-her-her-her-her-her-her-her-her-her-her-her-her-her-her-her-her

2. The summary of the assertion is that the Defendant did not commit an indecent act with the victim E, but there is no fact that the Defendant committed an indecent act by force, such as cutting off the victim’s hub, her mar, etc.

3. Determination

A. In a criminal trial, the conviction of guilt ought to be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the extent that it leads to such conviction, the determination ought to be based on the benefit of the defendant even if there is suspicion of guilt (see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 2014). (b) As evidence consistent with this part of the facts charged, there are statements from victims and F, investigative agencies, and criminal investigation agencies.

The victim divers had locked while drinking together with the accused on the day of the crime in this law and the investigative agency.

In addition, the Defendant was able to go back to the lock, and the Defendant was able to go back to the lock, but the Defendant was able to ask for a sex relationship and refuse to take a bath.

“After that time, the Defendant released her string with her hand, and took a bath, thereby suffering from escape with the toilet.”

“In other words, the Defendant her knife his knife his knife with his knife with his knife.

At the time of the damage, “The circumstances were stated,” and “F, at the time of the crime, made some statements corresponding thereto at this court and the investigative agency.”

However, this shall not apply.

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