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(영문) 수원지방법원 평택지원 2017.03.09 2016고단1871 (1)
강제추행
Text

The defendant shall be innocent.

Reasons

1. On March 22, 2016, the Defendant, from the stairs of the first floor of Pyeongtaek-si D, 21:29 on the charge, she was able to carry alcohol together with the victim E (the 25-year old age) and drinking together, her hand was locked up to the inside of the victim’s left chest, and her indecent act was committed by committing an indecent act on the victim’s left chest on several occasions.

2. According to CCTV images taken by the Defendant at the time of determination on the whole of the facts charged, it is not confirmed that the Defendant was seated next to a victim who was seated in a stairs for a considerable time to shoulder alcohol, and that the Defendant was approaching the victim except the victim who attempted to be able to wear a part of the victim’s arms.

There is no way to resist the victim's physical contact with the defendant in the above space.

In light of the overall attitude and behavior of the defendant and the victim who appear in CCTV images, and the situation at the time, it seems that the defendant did not commit an indecent act like the facts charged against the victim.

As shown in the facts charged, the victim's statement was considerably drunk at the time, and the defendant had several physical contacts and resistances against the outside streets after leaving the place indicated in the facts charged.

However, in light of the fact that the victim is unable to memory, it is highly likely to depend on inaccurate memory.

3. The evidence presented by the conclusion prosecutor alone is insufficient to recognize the guilty of the facts charged.

Since the facts charged in this case constitute a time when there is no proof of facts constituting the crime, the Criminal Procedure Act Article 325 of the Criminal Procedure Act shall be sentenced to innocence.

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