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(영문) 수원지방법원 안양지원 2016.05.27 2016고합35
강제추행등
Text

Of the facts charged in the instant case, the charge of indecent act is not guilty. Of the facts charged in the instant case, the prosecution against assault is instituted.

Reasons

On May 23, 2015, the Defendant: (a) committed an indecent act by force against the victim E (the 38 years old) who was walking on the opposite side of the victim E (the 38 years old) who was walking along the road in front of the D building in Ansan-gu, Manyang-si on May 23, 2015.

Judgment

The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction should be based on the evidence with probative value that leads a judge to have the truth that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2005Do4737, Feb. 24, 2006, etc.). However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence submitted by the public prosecutor alone proves that there is no reasonable doubt that the defendant committed an intentional indecent act like the facts charged in this case.

It is insufficient to view it.

According to CCTV images taken the scene of this case, the victim got her husband F with a width of about 1m 40cm, including both her husband F and the her husband’s boundary, and was pushed her face by both hands, and was pushed her face with a two-way hand, and F was trying to have the victim’s humf and walk back with the victim’s humf and walk back with the victim’s body, and the victim’s humf starts to walk with the sidewalk with the victim’s body. The victim humfed the victim’s body in the direction where the victim’s body was humfed by the sidewalk, while passing through the sidewalk with the victim’s left hand, the victim’s body was tightly humfed with the victim’s body. As a result, the victim’s humf and F returned the Defendant’s arms to several humf, and raised the victim’s humf’s hand and hum.

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