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(영문) 대구지방법원 서부지원 2016.09.22 2015고단2299
강제추행
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

The Defendant, on September 1, 2015, was a cleaning agent F (V, 23 years of age) for the victim F (V, 23 years of age), who was carrying his/her hand over the cafeteria D located in Daegu-gu, Seogu, Daegu-gu, about September 23:10, 2015.

니 까짓 것이 경찰을 하면 뭘 한다고. ”라고 말하면서 피해자의 가슴 부위를 2~3 회 주무르듯이 만지고, 피해자가 저항하자 손을 피해 자의 바지 안으로 넣어 피해자의 음부 부위를 팬티 위로 2~3 회 만지고, 이에 피해 자가 피고인을 밀치자 손으로 피해자의 엉덩이 부위를 2-3 회 만져 피해자를 강제로 추행하였다.

The defendant and his defense counsel asserted that the defendant and his defense counsel moved to the "E" restaurant along with the old workplace rent (hereinafter referred to as the "E restaurant" in this case) at the time stated in the facts charged, and there was a fact that tobacco in front of the above restaurant and the defendant and his defense counsel are in contact with the complainant in a narrow corridor on the way that they come to the toilet, but they did not commit an indecent act against the complainant inside the toilet, such as the facts charged.

Judgment

The facts constituting the elements of a crime charged in a criminal trial include the burden of proof, whether it is a subjective or objective requirement, and the acknowledgement of facts constituting a crime ought to be based on strict evidence with probative value that leads to a judge to have no reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, the court should determine the defendant’s interest even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or unfortunated therein (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). In addition, in order to find the defendant guilty on the sole basis of the victim’s statement, there is no room for doubt as to the authenticity and accuracy of the statement.

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