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(영문) 서울서부지방법원 2019.09.27 2019고단894
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant served as a full-time lecturer in Eunpyeong-gu Seoul Metropolitan Government “D Art Institute” (hereinafter “instant private teaching institute”) operated by the victim B.

From August 2017 to November 17, 2017, the Defendant: (a) committed an indecent act on sexual harassment against the victim and the students of the instant private teaching institute; (b) did not actually monitor the instructors or the students of the instant private teaching institute as CCTV; and (c) did not purchase a paper low to receive a paper payment from the students of the private teaching institute; and (d) did not travel abroad with the difference, despite the fact that there was a false fact, the Defendant spreaded false facts against the students of the private teaching institute; (b) allowed the students of the 27 design class to move to the “F” newly proposed by the Defendant.

Accordingly, the defendant spreads false facts or interfered with the victim's private teaching institute business by fraudulent means.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have the truth of the facts charged to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone submitted by the prosecutor alone cannot be deemed as proven beyond reasonable doubt that the Defendant spreads false facts, and there is no other evidence to prove otherwise.

(1) As shown in the facts charged, the legal statements of the victim, G and H, and statements and statements made and recorded by the investigative agency shall be used as evidence.

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