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(영문) 수원지방법원 2016.12.08 2016고단4340
준강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was committed by the Defendant from around 02:00 on September 19, 2015 to around 06:00 on the same day, and at the Defendant’s room located in Cheongju-si E, Cheongju-si, against the Defendant’s will and panty of the victim F (F, 47 years old) and knee, who could not resist.

2. The gist of the Defendant’s defense room was the victim and G, together with the Defendant’s original room, drinking alcohol and locked. However, the Defendant did not appear to have locked at 4:0 a.m. of the new wall, and it was inappropriate for the Defendant to have only locked with the victim, and there was no indecent act against the victim, as described in the above facts charged.

3. Determination

A. The burden of proving the facts charged 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, which makes a judge not having reasonable doubt as to whether the facts charged are true. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

The interest of the defendant is to be determined by the interests of the defendant.

(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the victim’s statement is insufficient to be recognized as having committed an indecent act against the victim. The evidence alone submitted by the prosecutor alone is insufficient to acknowledge the facts charged, and there is no other evidence to prove otherwise.

1 The main point of the statement in the investigative agency of the victim and in this court is "the victim", together with the defendant, G, and the defendant's studio to drink.

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