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(영문) 청주지방법원 영동지원 2019.03.28 2018고단121
준강제추행
Text

The defendant shall be innocent.

Reasons

1. On May 5, 2018, the Defendant: (a) on May 17 and around 00, 2018, on the part of the Defendant: (b) on board the Plaintiff’s train B in Busan, and (c) on the day immediately before the arrival of the Rocheon Station; and (d) on the part of the Plaintiff Dbucks (the age 25) on which he was seated and was divingd, the Defendant committed an indecent act by force against the Defendant by raising the Defendant’s left

2. The assertion and judgment

A. The Defendant asserted that he had knee surgery before the instant case, and continued to take the knee surgery to leave the vehicle at the time of the instant case, on the wind, he had a knee surgery on the knee.

There was no intention to commit an indecent act because the defendant had contacted the victim's bridge that he was seated next to his own bridge without the mental mind.

B. 1) In a criminal trial, the prosecutor bears the burden of proving the criminal facts charged in the criminal trial. The conviction must be based on the evidence with probative value sufficient for the judge to have the conviction that the facts charged are true beyond a reasonable doubt. In the absence of such evidence, the defendant should be judged in the interest of the defendant, even if the defendant is suspected of guilty. 2) In full view of the evidence duly adopted and examined by the court, the evidence submitted by the prosecutor alone is insufficient to deem that the defendant with the intent of indecent act by force was sufficiently proven to the extent that there is a reasonable doubt, and there is no other evidence to acknowledge it. (A) The defendant has no intention in the time indicated in the facts charged in the instant case until the investigation agency and this court, and there is no other evidence to acknowledge it.) The defendant stated that the victim's bridge was dried, and the defendant's intention to commit indecent act was not consistent with the victim's intention to commit an act on the part of both sides 12, 2017.

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