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(영문) 수원지방법원 2018.03.29 2017고단7726
강제추행
Text

The defendant shall be innocent.

Reasons

1. On October 9, 2017, the Defendant committed an indecent act by force on the part of the victim’s right knife with the victim F (n, 17 years of age, 17 years of age), and the victim’s right knife knife knife knife knife knife knife knife knife knife knife knife.

2. Determination

A. The facts constituting the elements of the offense charged in a criminal trial should be based on the strict evidence with the probative value that leads to the prosecutor’s burden of proof, whether it is subjective or objective, and the recognition of the facts constituting the offense should be based on the strict evidence with the probative value that leads to the judge to have no reasonable doubt.

Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent of inducing the above conviction, even if the defendant’s assertion or defense is contradictory or unreasonable, and there is doubt of guilt, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). B. Examining the following circumstances revealed by the evidence submitted by the prosecutor in light of the aforementioned legal principles, the defendant had contacted the victim with her her her her her her tm with his/her intention with the intention of inferred.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

① At the time of entering the facts charged in the instant case, it seems clear that the Defendant’s hand was in contact with the victim’s side.

In this regard, the victim seems to have some difficulties in accurately expressing the strength and attitude of the contact.

When the victim prepares a written statement to an investigative agency on the day of the instant case or prepares a written statement, the method of contact was “welve.”

“ .......”

In the prosecution after a month, at the time when the defendant was examined in comparison with the defendant, the victim “as we see the side side of her mar, the victim came up one time above as we see the next mar.

“.....”

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