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(영문) 청주지방법원 2019.01.18 2018고합168
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The request for the attachment order of this case is dismissed.

Reasons

1. From July 8, 2016 to 21:00, the Defendant: (a) committed an indecent act by compulsion against the victim C (one’s name, two’s age, 49) who was a third-class disability (cerebral typism) in B taxi that he drives in front of the bus terminal located in Chungcheongnam-do, Chungcheongnam-do; (b) was a customer by burning the victim’s house as his head; (c) had the victim her house, and (d) had the victim her house, and had the victim her house her body her body her body her body her body her body her body her body her body her body her body

The Defendant, while driving a taxi with the above DoMoel, she was the victim and the victim who refused to complete the said DoMoel with "I will not enter the DoMoel", was moving to a farming near the above DoMoel, stopped the taxi, and caused the confusion by re-aluting the booming of the car, and she was able to write down the chest on the part of the victim's clothes, she was able to write down the chest on the part of the victim, and she was able to write down the part above the upper part, and she was tight down with the victim's hand, "I will not enter the Domo," and she was able to sit in the driver's seat, and she was frightd with the driver's seat.

Accordingly, the defendant committed indecent acts by force against the disabled victim.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(Supreme Court Decision 201Do7261 Decided November 10, 201, and Supreme Court Decision 2015Do16105 Decided December 10, 2015, etc. (see, e.g., Supreme Court Decisions 2011Do7261, Nov. 10, 201

Considering the following circumstances revealed by the evidence duly adopted and investigated by this court, the victim’s statement, the only evidence concerning the facts charged, is difficult to believe, and otherwise, evidence to prove the facts charged.

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