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(영문) 대전지방법원 홍성지원 2016.04.26 2016고단46
강제추행
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On January 22, 2016, at around 14:10, the Defendant: (a) committed an indecent act by force against the victim E (the 18 years old) who was seated on the side in the vicinity of the west west west west west west west west, in light of the fact that the victim E (the 18 years old) was locked at around 14:50 on the same day, when he was boarding and getting a D express bus going to Gwangju Metropolitan City at the Incheon International Airport at the Incheon International Airport on January 22, 2016; and (b) committed an indecent act by force against the victim by forcing the victim to commit an indecent act on the Defendant’s left hand.

2. Determination

A. Relevant legal principles 1) The burden of proving the facts constituting an indecent act charged in a criminal trial is to be borne by a public prosecutor. The conviction is to be based on evidence with probative value that leads a judge to feel true enough to have no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the crime of indecent act by force includes not only cases where the other party commits an indecent act but also cases where it is deemed that the body of the person who committed the indecent act is an indecent act after making it difficult to resist by making it difficult to resist by assault or intimidation, but also cases where it is deemed that the other party commits an indecent act at the same time constitutes an indecent act by means of assault or intimidation (see Supreme Court Decision 2015Do6980, Sept. 10, 2015; Supreme Court Decision 2015Do6980, Sept. 10, 2015).

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