(영문) 서울북부지방법원 2018.05.10 2017고단3851

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(영문) 서울북부지방법원 2018.05.10 2017고단3851

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On February 26, 2017, the Defendant: (a) around 03:14, at the “D” club located in Busan, Daegu, Busan, Inc., and (b) after the victim E (the age of 30) who had a common sense of drinking and dance with customers; (c) was tightly attached to the part of the Defendant’s sexual flag; and (d) was frightly attached to the part of the injured party’s sexual flag; and (e) was frightly attached to the part of the injured party.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

2. The prosecutor bears the burden of proving the facts that constitute the elements of the offense charged in the judgment criminal trial.

The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination ought to be based on the benefit of the defendant even if there is a doubt of guilt.

In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court, it is difficult to readily believe that the respective statements of E and F and the police statements of E and F in this Court and each statement of E and F in the police statements are stated in the facts charged of this case.

① In this court and police investigation, E stated that there was no contact with the Defendant, such as division of conversations between the Defendant and the Defendant, and that the Defendant took the body of the Defendant at his own discretion, and that in this court, the Defendant’s sexual organ was strongly pushed off to the extent that he could have seen that the Defendant’s sexual organ was solid.

was stated.

However, according to the CCTV image confirmed, it can be confirmed that the defendant dialogues with women who seem to be E or their daily behaviors or receives the remaining drinking after E.

In addition, the defendant is behind E along with E, and at the same time E sells.

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