(영문) 수원지방법원 평택지원 2012.01.31 2011고정548

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2012.01.31 2011고정548

강제추행

Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Around 06:40 on July 13, 201, the Defendant: (a) committed indecent acts by force, such as by force, on the part of the victim D (21 years of age and female) on the passage in Pyeongtaek-si C convenience store; (b) she sing away from the victim D (21 years of age and female); and (c) she sing away from the left hand, etc. on one occasion

2. Determination

A. The Defendant and the defense counsel asserted that the Defendant was under the influence of alcohol and was faced by the victim while leaving the beer through the display stand in the convenience store. During that process, the Defendant and the defense counsel’s assertion was presumed to have been frightened. However, the Defendant did not intentionally commit an indecent act against the victim.

B. In a criminal trial, the finding of guilt should be based on evidence of probative value, which could lead a judge to feel true beyond a reasonable doubt, and if there is no evidence to establish such a degree of conviction, the doubt of guilt against the defendant even if there is no evidence to establish such a conviction.

Even if there is no choice but to judge the interests of the defendant.

C. Comprehensively taking account of the following facts and circumstances acknowledged by comprehensively taking into account the witness D’s legal statement, each evidence submitted by the prosecutor, and the Defendant’s legal statement, the police statement of the witness D, and the accusation statement of the victim that “the Defendant intentionally committed an indecent act against the victim by taking the victim’s sexual or negative part as his hand, etc.” in the accusation statement is merely merely a part of the victim’s prosecution, and it is difficult to believe that the evidence submitted by the prosecutor, including the damaged photographs, etc. alone, it is insufficient to recognize that the Defendant committed an indecent act against the victim by intentionally putting the victim’s sexual or negative part as his hand, etc., and there is no other evidence to acknowledge

① According to the statement in the complaint, the purport of “the defendant left the victim’s negative part by hand,” and according to the police statement as to D, the purport of “the defendant passed by the victim’s side and left part of the victim’s back to the victim’s back, and left part of the victim’s back.”

(2)

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