beta
Text
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. The summary of the facts charged in the instant case and the victim C (the age of 21) are students attending the E University located in Sejong-si, and the same dance club members.
On May 1, 2016, the Defendant: (a) around 05:55, at the F panty 3 panty room located in the Chungcheongnam-gun, Chungcheongnam-gun, the place of the dance club MaT MT gathering, and (b) at the victim’s panty 15 students of East Asia, who were divingd next to that of the victim, was locked up one time.
Accordingly, the defendant committed an indecent act against the victim by using the state of impossibility of resistance.
2. According to the legal testimony of the victim and the statement of the police statement by the police against the victim, it can be recognized that the defendant was able to enjoy in the victim's side, and that the defendant's hand was spandeed by the victim's shoulder, and that the defendant's hand was spanty of the victim. However, according to each of the above evidence and the police statement by the victim, the statement of the police statement by the defendant, the statement of the police interrogation protocol by the defendant, the defendant's legal statement by the defendant, the room in which the victim was the victim was 10 persons or more in various directions, such as the above, below, side, etc., and several people were inside and outside of the victim, and the victim was unable to witness the defendant's movement, and the defendant was consistently denied the crime since the ship was broken out by the victim, so there is no evidence to acknowledge the facts charged in this case alone, and there is no other evidence to acknowledge it.
Therefore, the facts charged of this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered by the latter part of Article 325 of the Criminal Procedure Act, and the purport of public announcement of judgment of innocence is sentenced under Article 58(2) of the Criminal Act