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(영문) 의정부지방법원 고양지원 2019.01.17 2018고단1098
강제추행
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is the operator of the “C pharmacy” (hereinafter referred to as the “C pharmacy”) located in Busan-si, and the victim D (n, 28 years of age) worked as an employee in charge of the computer work at the pharmacy from July 12, 2012 to August 7, 2017.

On December 29, 2016, around 21:00, the Defendant: (a) committed an indecent act by force against the victim by using his own defect, i.e., “the victim’s words” while opening a meeting with the employees of the instant pharmacy; and (b) by using the victim’s own defect, i.e., “the victim’s words,” and committing an indecent act on the part of the victim.

B. At around 10:50 on December 30, 2016, the Defendant committed an indecent act by force against the victim by making a talk to the victim who is going through the Defendant’s future, making a talk to the victim, and by making the victim’s own loss twice, with his own loss.

2. Determination

A. On December 29, 2016, in a criminal trial, the conviction of the Defendant is based on evidence with probative value, which leads to the judge’s conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the Defendant’s guilt, the interest of the Defendant ought to be determined. 2) Comprehensively taking account of all the facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone is insufficient to ensure that the Defendant has no reasonable doubt as to the facts of indecent act by force against the victim during the singing-type, such as this part of the facts charged.

· The Defendant consistently states that no such act was committed.

A person who attended a meeting of the instant pharmacy at the time of the instant case and was in singing room is also the Defendant and the Victim, F, G, H, I, and J in addition to the Defendant and the Victim.

It is a limited space.

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