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(영문) 창원지방법원 2018.08.23 2018고정87
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant: (a) on October 28, 2017, the second floor C of the building B at Changwon-si (hereinafter “the instant singing room”) around October 28, 2017.

In order to commit an indecent act against the victim D(n, 25 years of age) who was ging in the internal corridor, and the victim's side was passed, and the victim's left hand was her but her her tamp with his her left hand, thereby committing an indecent act by force.

2. The Defendant, who was the Defendant’s son, did not reveal the victim’s her butt, and that the Defendant’s son was in contact with the victim’s her butt.

Even if the indecent act was committed, there was no intention.

2. In a criminal trial, the evidence of guilt should be strict evidence under the Criminal Procedure Act, and its probative value should have superior probative value that can cause a judge to have a reasonable doubt. If there is no such evidence, even if there is a suspicion of guilt against the defendant, it should be determined in the interests of the defendant even if there is a suspicion of guilt against the defendant.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, (i) the Defendant continued to commit an indecent act against the victim when the Defendant, while playing together with the workplace rent, in the instant singing room, in view of the following circumstances: (ii) the Defendant’s hand appears to be the victim’s son on the part of the victim’s knive corridor part of the victim’s knive corridor back from the toilet; (iii) even though the victim got out of the toilet and got back to the Defendant, he was “low-day”, the Defendant would immediately come back to his room; and (iv) the Defendant continued to express his intention with the victim, as described in the facts charged in the instant case, when the Defendant continued to commit an indecent act.

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