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(영문) 서울남부지방법원 2018.02.14 2017고단3408
강제추행
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The Defendant is a restaurant employee, and the victim B (V, 56) is a workplace member who works in the kitchen.

around May 14, 2017, around 15:00 to 16:00, the Defendant committed an indecent act by force against the victim by pottering the body of the victim within the D week located in Geumcheon-gu Seoul Metropolitan Government as his hand.

2. The burden of proving the facts charged in a criminal trial for determination ought to be borne by the prosecutor, and the conviction ought to be based on evidence of probative value, which makes the judge sure that the facts charged are true enough to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, the interest of the defendant should be determined.

In light of the fact that the victim was forced to commit an indecent act from the investigative agency to this court as stated in the above facts charged, there is doubt as to whether the defendant was not indecent act by posing the body of the victim as his hand.

However, the following circumstances revealed by the evidence duly adopted and examined by this court: (a) the victim received notice of dismissal from the defendant on May 18, 2017, which was four days after the date stated in the facts charged, and reported the indecent act to the police immediately; and (b) the police investigation stated to the effect that “In the case of pottering by the defendant, the victim thought that he was the same workplace rent at the same time and went beyond the match, and was notified of dismissal by the defendant, who was not the president of the restaurant, and reported to the police.” (b) The victim stated to the effect that this court stated more detail about the indecent act, but agreed to the motive reported to the police by the police.

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