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(영문) 대전지방법원 2018.02.09 2017고합358
추행약취등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On February 19, 2017, the Defendant: (a) discovered the victim F (the age of 37) who is sitting in a building stairs under the influence of alcohol while driving a vehicle at around 03:00 on the street in front of Daejeon Pungdong-gu, Daejeon; (b) attempted to find out the victim F (the age of 37) who is sitting in a building under the influence of alcohol; and (c) to commit an indecent act against the victim; and (d) the victim “hick.”

“To move in” and “to move in.”

The phrase “Ilman,” “Ilman,” and “Ilman, Ilman, Ilman, who was drunk and unable to properly hold his body by drinking, and went to the Defendant’s vehicle on the same day. At around 03:30 of the same day, Ilved, Ilman, who was in Daejeon Pel G, into the unclaimed room of the Hel.

Accordingly, the defendant kidnapped the victim for the purpose of committing an indecent act.

B. At the time stated in the above paragraph A, the Defendant was under the influence of alcohol in the above Hel room, and went off the clothes of the victim who is unable to hold his body, was placed on the bed part of the bed, was divided into the victim's hand by putting the victim's hand on the bed, and the victim's chest and body were bread with his hand.

Accordingly, the defendant, by drinking alcohol, committed an indecent act against the victim by using the victim's resistance impossible condition.

2. The gist of the defendant's assertion is that the defendant and his defense counsel found the victim who is out of the string, took care of him, and did not commit an indecent act against the victim by taking advantage of the impossibility of kidnapping or resistance for the purpose of committing an indecent act against the victim.

3. Determination

A. The facts constituting the elements of a crime charged in a criminal trial of relevant legal principles are the prosecutor’s burden of proof, and the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which leads to a judge to have no reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, the Defendant is the person who is the defendant.

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