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(영문) 의정부지방법원 2018.11.19 2018노2535
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable because it is too unreasonable for the Defendant (eight months of imprisonment) to be sentenced.

B. Prosecutor 1) According to each of the statements made by L, K, and D and CCTV and CCTV images, the instant facts charged are found guilty.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. On April 25, 2018, the gist of this part of the facts charged is as follows: (a) the Defendant, on April 25, 2018, committed an indecent act by force by force, rhing the side part of the said victims, i.e., the victim K (the 21 year old), and the victim L (the 20 years old), who was taking meals within the cafeteria (hereinafter “instant restaurant”).

2) The lower court determined that there was a habit of sexual assault against the Defendant, including when the Defendant, who was aware of by CCTV images, etc. taken a photograph of the situation at the time of the crime of this case, when and after the victim’s body was contacted, when the victim’s body was contacted, time of contact with the victim’s body, attitude at the time of contact by the Defendant, etc.

In light of the fact that there is no evidence to see that there is no evidence, there is doubt as to whether the defendant has contacted the victims' body without meaning in the process of passing a narrow channel between the tables in a restaurant. The evidence submitted by the prosecutor alone excluded such doubt, and thereby, the defendant has contacted the victims' body with the intent of committing an indecent act by force.

This part of the facts charged is not sufficient to be recognized, and it is judged not guilty on the ground that there is no evidence to prove otherwise.

3) The judgment of this court) The recognition of facts constituting an offense in the relevant legal doctrine ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, the prosecutor’s proof leads to such conviction.

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