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(영문) 부산지방법원 2017.05.15 2016고단7749
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who has assisted the victim upon the request of the victim C (here, 48 years old) to handle the work with respect to the obligations owed by her husband who died by her husband.

1. The Defendant: (a) around May 4, 2015, at the Busan Dongdong-gu D D D D’s Skic, followed the victim by force going on the part of the victim's ship by taking advantage of the gapss of the victim, and (b) the victim frighted and rejected the victim's face in both hands; (c) the victim could not take the victim's knife the victim's chest; (d) the victim boomed the victim's chest, boomed the victim's chest, boomed the victim's breast; and (d) the victim boomed the victim's knife with the victim's knife; and (e) the victim's knife knife knife knife.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. On July 2, 2015, at around 12:00, the Defendant: (a) at the residence of the victim of F apartment G apartment G in Busan Metropolitan City, Busan Metropolitan Transportation-gu, the Defendant: (b) on the part of the victim with respect to the seizure of the movable properties of the victim, the Defendant was able to leave the victim’s body in a narrow so as to prevent the victim from getting out of the victim; and (c) on the part of the victim, the Defendant left the body of the victim so as to keep the victim from getting out of the victim; and (d) placed the victim’s hand into the panty.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to the judge to have a conviction that is beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof is insufficient to such a degree that leads to conviction, the determination ought to be made in the interests of the defendant even if there is suspicion of guilt (see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 2014). In this case, the Defendant committed an indecent act against the victim from an investigative agency to this court.

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