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(영문) 의정부지방법원 2017.12.11 2017노377
강제추행
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is that the defendant commits an indecent act by force against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. On August 21, 2014, the Defendant reported that the Defendant 01:35 Guri-si Dang Dagra 4 dong in front of 4 Dongri-si, and that the victim D (the 25-year-old age) walked, followed the Defendant’s attempt to commit an indecent act against the victim by forcing the victim to commit an indecent act by hand, by drawing the victim’s hand, and by forcing the victim to commit an indecent act by forcing the victim to commit an indecent act.

3. The lower court found the Defendant guilty of the facts charged of this case by comprehensively taking account of the macroscopic evidence.

4. Determination of the party deliberation (determination of the defendant's assertion of mistake of facts)

A. The criminal defendant is presumed innocent until a judgment of conviction becomes final and conclusive (Article 27(4) of the Constitution, and Article 275-2 of the Criminal Procedure Act). The presumption of innocence is not only an investigation but also a large principle which leads criminal procedures and criminal trials to a whole until a judgment becomes final and conclusive, and is based on a long legal term, “the interest of the defendant, if doubtful,” which is the basis of our criminal law.

Article 307 (2) of the Criminal Procedure Act provides that "The recognition of facts constituting a crime should be proved to the extent that there is no reasonable doubt."

“.......”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach such a degree that could lead to conviction, even if there are suspicions of guilt, the interest of the defendant should be determined (Supreme Court Decision 2016Do21231 Decided October 31, 2017). B. In this case, the Health Unit of this case.

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