(영문) 제주지방법원 2017.10.19 2016고단2764

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(영문) 제주지방법원 2017.10.19 2016고단2764

준강제추행

Text

The defendant shall be innocent.

Reasons

1. On January 2, 2016, from around 17:30 on the same day to around 21:10 on the same day, the Defendant committed an indecent act in which the Defendant, a customer, lost awareness due to an unforeseen cause while undergoing governance operations from the Defendant, was committed at the “D Beauty Room for the operation of the Defendant in Jeju Island” (the age of 44).

Accordingly, the Defendant lying the victim who has lost his mind into a beauty room, lying the victim’s chest and part on the part of the victim’s clothes, putting the victim’s chest and part on the part of the victim’s clothes, and rhying the victim’s breast and part on the part of the sound part, and committed an indecent act on the victim by using the victim’s resistance impossible condition.

2. Determination

A. The defendant's assertion that he committed an indecent act against E.

B. The burden of proving the facts charged in a criminal trial for judgment is to be borne by a prosecutor, and the conviction is to be based on evidence with probative value sufficient to ensure that the facts charged are true to the extent that there is no reasonable doubt by the judge. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). E is a quasi-Recording of the defendant in the beauty room of the defendant.

The defendant stated that he was unable to be able to surved, who returned to the house and was diving, and that he recovered the E's body in the beauty room.

The E’s statement is the most reliable evidence that corresponds to the facts charged in the instant case, but there is not sufficient evidence to support such statement as examined below, and it is difficult to view that the instant facts charged is sufficiently proven to the extent that there is no reasonable doubt.

1) The Defendant’s green tea to E

E Whether a person was influorily influoral stability E is influoral cosmetic treatment and the defendant was influoral meltora

The turfy is math and the following is secured.

참조판례

-대법원 2010. 11. 11. 선고 2010도9633 판결

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