(영문) 서울서부지방법원 2015.08.13 2014노1279

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2015.08.13 2014노1279

강제추행

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the defendant and the victim appear under mutual agreement, and the defendant is not forced to do so, but under the influence of the victim, and even if the defendant were to do so without the victim's explicit consent after the victim's shoulder was cut down, the defendant cannot be deemed to have infringed the victim's sexual self-determination by assaulting to the extent that it is difficult for the defendant to resist the victim's resistance at the time.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case at around 01:27, Apr. 12, 2014, the Defendant, at a toilet located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant main point”), committed an indecent act by forcing the victim to go out of the toilet, by putting the victim’s shoulder, and by preventing the victim from going out of the toilet, and by forcing the victim to go out of the toilet, and by putting the victim’s shoulder, putting the victim out of the toilet. However, even though the Defendant resisted that the Defendant “D” main point in Seodaemun-gu, Seoul (hereinafter “instant main point”).

B. On the judgment of the court below, the court below convicted the defendant on the grounds of the victim's statement at the police and the court below's hearing, and the photograph taken at the scene of the crime of this case.

3. Judgment of the court below

A. In a criminal trial, the finding of guilt should be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true, and if there is no evidence to form such a conviction, the doubt of guilt is against the defendant even if there is no evidence to establish such a degree.

Even if there is no choice but to judge the interests of the defendant.

B. (See, e.g., Supreme Court Decision 2003Do5114, Jan. 27, 2004).

The defendant committed a crime, under the agreement with the victim, that is not a key against the victim's will.

참조판례

-대법원 2004. 1. 27. 선고 2003도5114 판결

유사 판례

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