(영문) 부산지방법원 2012.11.14 2012고단5821

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(영문) 부산지방법원 2012.11.14 2012고단5821

준강제추행

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, around 18:00 on March 3, 2012, committed an offense against the charge at his/her office called Busan So-gu C, Busan, and the Defendant’s wife D (the age of 61) and E (the age of 31) have purchased goods as a business partner employee, and the Defendant also d (the age of 41) and son E (the age of 31) have drinking alcohol by drinking it next to the Defendant.

At that time, G (66 years of age) known to the Defendant, and the Defendant entered a “H restaurant” in the vicinity of G to drink, and the victim later dump and dume dump.

At around 20:00 on the same day, the Defendant, together with the victim, fluenced with the victim, by entering the same 1st room of the same Gu Iking room and playing together with the same string room of the same Gu, and 20:40 on the same day, she had a mind to commit an indecent act by reporting that the victim has lost the mind of drinking and is enjoying a shock.

The defendant goes off from the victim's panty and has knenee and knee in a sound book with the victim's knee.

The king, etc. committed an indecent act in a state where the victim could not resist.

2. In a single criminal trial, the conviction should be based on the probative evidence which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt, and if there is no such evidence, the suspicion of guilt is against the defendant even if there is no such evidence;

Even if there is no choice but to determine the interests of the defendant, and on the other hand, the evidence of criminal facts must be presented by the prosecutor, so even if there is any unreasonable part of the defendant's lawsuit, the defendant cannot be placed at a disadvantage for such reason.

As evidence consistent with the facts charged in this case, there are the witness F’s statement in the court, the statement of the police officer in charge, the witness J’s legal statement of the police officer, the witness FK’s each legal statement, the police officer’s protocol, etc.

First, the witness F's legal statement, etc. is recognized through the records of this case.

유사 판례

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