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(영문) 수원지방법원 2017.02.09 2016고단5708
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged: (a) on August 28, 2016, the Defendant committed an indecent act against the victim’s left chest by drinking the victim’s desire to commit an indecent act on his/her own, while disputing the issue of refund with the victim E (inns, 45 years of age, 45 years of age) at the 2nd customer service center located in Osan-si, Sinsan-si; and (b) on two occasions, he/she committed an indecent act against the female.

2. The gist of the defendant's defense is that the defendant's hand in contact with the victim's chest, but the defendant's hand in contact with the victim's chest. However, due to the victim's expression of the victim's bad attitude, the defendant's hand in contact with the victim's chest while he was in trade, and the defendant did not have the defendant's intention to commit an indecent act.

3. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction should be based on evidence with probative value sufficient to ensure that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.). (b) The following circumstances acknowledged by the evidence duly adopted and duly adopted by the court regarding the instant case, namely, (i) the Defendant visited the D Customer Service Center at the time of the instant case to request the refund of the goods that the Defendant purchased before the Defendant had visited the D Customer Service Center at the time of the instant case to the victim, and (ii) the Defendant displayed the refund receipt at the time to the victim while making a statement in the victim’s chest, and even if the Defendant made a statement in the instant case, the Defendant satisfying the victim’s chest by his chest.

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