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(영문) 대전지방법원 2016.10.07 2016고단909
강제추행
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On July 1, 2015, from around 23:30 to around 23:40, the Defendant committed an indecent act by force against the victim, such as: (a) in the second floor F restaurant of the building in Seo-gu, Seo-gu, Daejeon; (b) in the process of the executive conference of the commercial building conference, the Defendant laid down the victim G (hereinafter the age of 49) seated next to the Defendant’s bucks; and (c) in front and rear the Defendant’s bucks; and (d) the Defendant attempted to deduct the Defendant’s knick, but the Defendant’s knick did not cut off the Defendant’s knick in the bucket; and (b) putting the Defendant’s knick onto the victim’s left side bucks.

2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2002Do6110 Decided February 11, 2003). G and H’s respective testimony evidence that seem to correspond to the facts charged in the instant case are difficult to believe in light of evidence of I, J, and K’s respective testimony evidence, and it is insufficient to recognize only L’s testimony evidence, and there is no other evidence to acknowledge it.

Therefore, since the facts charged in this case constitute a case where there is no proof of crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the purport of the public notice of acquittal is sentenced under Article 58(2)

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