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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is from January 23, 2014 to around 00:00 on January 10, 2014, the following day, the Defendant: (a) used the gap in the 'DPC room' of the Defendant’s operation on the first floor of the Gangnam-gu Seoul Metropolitan Government building C, in order to put the victim into force in the future of the victim E (V, 19 years old) who is an employee, by taking off the two arms; (b) put the part of his sexual flag toward the body of the victim; and (c) putting the Defendant’s damage under the part of the victim into the part of the body of the victim; and (d) committed an indecent act by coercion the victim by forcing the victim.
2. The Defendant asserts that the act indicated in the above facts charged was not forced because E’s implied consent was obtained.
The crime of homicide or indecent act by compulsion is included not only in the case of indecent act after the other party makes it difficult to resist by means of violence or intimidation, but also in the case of assault itself recognized as an indecent act. However, the assault in this case is required to be an exercise of tangible force against the other party's will.
In this case, the CD (CCTV video) submitted by the Defendant was recorded on the instant site at the time. According to this, the physical contact between the Defendant and 23:45:3:45:00 to 23:49:00:0 of the video recording time was continued, such as the Defendant’s kising and kis, etc. In that process, there is a face where E wishes to open the Defendant’s shoulder and arms, etc. with his own hand. However, it is difficult to conclude that the above physical contact was in contravention of the intention of E, on the other hand, because E gains the Defendant’s shoulder or shoulder on several occasions.
In addition, in this Court, E made a statement that the said CD was missing with some indecent conduct at the end of 23:47:50 seconds, but the reliability of the statement is doubtful because it appears that there is no continuous and omitted image before and after the statement.
. These circumstances.