(영문) 대전지방법원 2016.05.25 2015고단3274

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자간(%)

(영문) 대전지방법원 2016.05.25 2015고단3274

강제추행

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant: (a) around 05:00 on April 26, 2015, the victim C (the age of 23) who first drank alcohol with her her friend through her friend, was aboard the vehicle of the Defendant’s driver; and (b) the victim who was seated on the friend D around Daejeon Pung-gu; and (c) the victim who was seated on the friend her friend her fri

After speaking to the purport that “the victim was under the influence of alcohol, the victim was forced to commit an indecent act, such as raising the victim’s upper and broding on his chest, leaving the victim’s chest.”

2. Although there was a fact that the defendant's assertion by the defendant and defense counsel committed an act such as raising the victim's upper part and the her chest to the chest and leaving the victim's chest, it was by agreement, it was not by agreement, and there was no fact that the defendant forced the victim to assault or threaten the victim, or forced the victim against the victim's will.

3. Determination

A. The establishment of facts constituting a crime ought to be based on strict evidence with probative value, which leads a judge to have the degree of unfashion that may lead to a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent of ensuring such conviction, the determination should be made on the part of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or unfashion, even though there is contradictions in favor of the defendant, etc. (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). B. In light of the following facts and circumstances acknowledged by the evidence adopted and investigated by the court, in light of the foregoing legal principles, the facts charged that the mere evidence submitted by the prosecutor alone carried the defendant’s intentional indecent act and committed an indecent act against the victim’s will by assault or intimidation, was proven without reasonable doubt

It is insufficient to view it, and there is no other evidence to prove it.

1) The Defendant goes against the investigation stage.

참조판례

-대법원 2011. 4. 28. 선고 2010도14487 판결

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