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(영문) 서울중앙지방법원 2015.11.20 2015노2254
강제추행
Text

1. The judgment of the court below is reversed.

2. The defendant is innocent;

Reasons

1. The summary of the grounds for appeal is that the defendant commits an indecent act against the victim as stated in the judgment of the court below.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged was around 01:50 on August 21, 2014, the Defendant, at the bus stops in front of the Seoul Jung-gu Seoul Central Building on a bus stop at the bus stops in front of the Seoul Central-gu Seoul Central-gu Seoul Central-gu Seoul Central-gu, only one time, with the Defendant’s own hand, left chests of the victim.

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

B. The lower court found the Defendant guilty of the facts charged based on the duly admitted evidence.

3. The judgment of the court below is based on the evidence duly adopted and examined by the court, and the following is acknowledged.

In full view of the circumstances such as the preceding paragraph, the possibility that a criminal who commits an indecent act against the victim and the defendant are not the same person may not be ruled out.

Therefore, the evidence presented by the prosecutor alone cannot be deemed as having proved the facts charged to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.

The defendant is identified as an offender.

However, at the time of the indecent act, only limited to the clothes level of the offender, and the face of the offender was not properly unsatisfed (52 pages of the trial record) to the extent that the offender could not be forgotten (52 pages of the trial record), and only the rear satch of the offender could be seen in the process of inducing the offender.

In addition, the clothes of the offender, which he memorys, are white stacks and swelves, and is limited to the uniforms of adult men who have been extremely flat, and at the same time, he was a flive swelves, and the appearance of the offender was partly divided into flives.

Therefore, it seems that it is difficult to identify the offender only by raising the offender who memorys.

On the other hand, in K under the D high-priced level, the face of a person who hangs a road can be seen relatively well.

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