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(영문) 수원지방법원 안산지원 2018.10.31 2018고단2274
강제추행
Text

The defendant shall be innocent.

Reasons

1. On March 7, 2018, the Defendant: (a) around 22:15, in the B bus operated in a show direction from the Gu to the Siro, and (b) on the part of the victim C (the 17-year-old age), who was seated by the Defendant, laid down the victim’s bucks with the bucks located adjacent to the seat on which the Defendant was seated, and caused the victim’s bucks.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Determination:

A. Criminal facts in a criminal trial ought to be established by strict evidence with probative value that leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, the defendant’s interest should be determined (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) The following circumstances revealed by the evidence duly adopted and investigated by the court (i.e., (i) the statement that the defendant appeared in the police investigation to the effect that “the defendant was aware of his/her own buckbuck in his/her left hand,” but the investigative agency made a statement to the effect that the defendant was present in his/her own court and made a witness to the effect that he/she did not seem to have been aware of the circumstances leading to the defendant’s losses, such as whether the defendant was directly aware of the fact that the defendant was the offender.”

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