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(영문) 서울북부지방법원 2020.11.19 2020고단2298
강제추행
Text

The defendant shall be innocent.

Reasons

At around 15:20 on April 7, 2020, the Defendant committed an indecent act by force on the platform No. 1-2, 1-2, 3, 3, 3, 4, 3, 4, 3, 4, 4, 3, 4, 4, 4, 4, 4, 4, 4, 5, 1, 1, 1, 1, 1, 1, 1, 2

2. Determination

A. In a criminal trial, the finding of guilt must be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach the degree of conviction, the determination should be made with the benefit of the defendant even if there is a suspicion of guilt.

(See Supreme Court Decision 2016Do21231 Decided October 31, 2017). B.

Comprehensively taking account of the Defendant’s partial statement, the victim’s statement, and the CCTV images, around 15:20 on April 7, 2020, the victim was waiting for the front line in front of the platform No. 1-2, the front line near the port side of the platform No. 1-2, which is located in Jung-gu Seoul, Jung-gu, Seoul. The Defendant was immediately waiting after the victim, and the fact that the front line was boarded after opening.

C. However, in light of the following circumstances revealed through the records of this case, it is difficult to view that the evidence submitted by the prosecutor alone proves that the Defendant committed an indecent act by force against the victim to the extent that there is no reasonable doubt.

(1) The defendant consistently asserts from an investigative agency to this court that he/she only thought that he/she would promptly take a job in order to get off his/her previous car, and that he/she did not commit an indecent act against the victim prior to him/her as described in the facts charged.

(2) The injured party shall enter an investigative agency and this court, and the accused who was later at the end of the moment that he wants to board while entering the platform and entering the platform.

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