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(영문) 울산지방법원 2012.11.22 2011고단4576
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case was around September 28, 201, at around 21:45, the victim D (V, 42 years of age) who found the Defendant’s prone phone number to be identified in the Defendant’s gathering method in Ulsan-gu, Ulsan-gu, U.S.A., and was under the influence of alcohol was tightly released from the victim’s clothes by pushing the Defendant with the victim himself, leaving the victim’s clothes, leaving the victim’s clothes back to the floor, and then the victim’s chests and booms down to the body of the victim.

Accordingly, the defendant committed indecent acts against the victim.

2. Determination

A. The victim’s statements are made to this court and investigative agency as direct evidence that correspond to the facts charged in the instant case.

However, it is clear that the evidence duly adopted and examined as follows is a single room where the defendant's indecent act by force is at issue. However, the victim initially appeared to be a part of the defendant's residence at the time when he was investigated by the investigative agency, and the victim made a statement that the defendant was off his clothes and forced indecent act by force. ② The victim is living in different rooms of the same house as the defendant, ② The victim is living in different rooms of the defendant, and E, the principal owner of the house, is about the defendant's birth, and entered the defendant's room. However, E's request for such request is not consistent with the victim's statement by stating that it was after the first investigation about indecent act by force, and it is hard to obtain the victim's statement because E is under treatment of the mental illness, and it is difficult to receive the victim's statement because it appears that there is no reason to request it from the victim who was at the time. ③ The victim was called from the police and E at the time of the defendant's call, and how the victim was faced with his clothes at the time.

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