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(영문) 부산지방법원 서부지원 2019.08.29 2018고단1354
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the injured party B (n.e., the age of 19) is from the D convenience point in C to the part part-time students, both of which are the first one.

The Defendant, upon entering the convenience store as a customer, brush 2 soldiers who are in the cooling room, and was able to take the personnel affairs of the victim who is in the actuarial room, and was able to wait for the victim without the oral statement when the customer is calculated by him/her. If the customer left the room, the Defendant repeated his/her behavior from around 20:35 on December 17, 2017 to around 20:46 on the same day).

On December 17, 2017, the Defendant calculated accounts in Busan Northern-gu C and D convenience points in order to purchase strings, tobacco, and disguised approximately two diseases. In the process of presenting a card to the victim and receiving the receipt and card back, the Defendant committed an indecent act against the victim’s will by making the victim’s grandchildren only once per hand.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(1) In light of the following circumstances, the evidence submitted by the prosecutor, including the victim’s statement, cannot be deemed to have been proven without any reasonable doubt. In light of the following circumstances, which can be acknowledged by the evidence, the instant facts charged cannot be deemed to have been proven without any reasonable doubt.

According to the CCTV video recorded on the surface of the instant case (hereinafter “the video of this case”), the fact of contact between the Defendant and the victim can be acknowledged in the process of calculating and returning the card that was sent to the victim for the purchase of goods.

However, the defendant.

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