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(영문) 서울서부지방법원 2018.10.17 2018고단642
강제추행
Text

The defendant shall be innocent.

Reasons

1. On January 14, 2018, the Defendant ordered food at the “C Burial” located in Yongsan-gu Seoul Metropolitan Government around January 21:10, 2018, the Defendant discovered the victim D (15 years old) who was seated in front of the Kabter, hicked the victim with her hand, hicked the victim with her hand, and committed an indecent act by force by force on the victim’s bridge.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is not sufficient to recognize that the evidence submitted by the prosecutor alone by the prosecutor was proven to the extent that the defendant had committed an act of entering the facts charged with the intent to commit the crime, and there is no other evidence to acknowledge it otherwise.

① According to the CCTV images in the above C, it is recognized that the Defendant was able to walk the victim who was seated in front of the seat of the Kashter and kid over the bridge. The Defendant denied the facts charged that the Defendant could not boom the body under the influence of alcohol at the time, and it is not humping with the intent of indecent act.

② According to the above video, the Defendant: (a) 20 minutes prior to 20 minutes of using the victim’s sparing, and ordered food, the Defendant was unable to walk properly; (b) Then, the Defendant was waiting for food and drink in the C store; and (c) she was unable to find it out even though she was waiting for the ordered food and drink; and (d) other customers on the side was informed of this, but did not continue to be aware. The Defendant appears to have been under the influence of alcohol at the time.

(3) The defendant was unable to have known the existence of the victim because he was unable to report the victim from the time when the victim was entered the above C burial until the time when the defendant saw the victim, and therefore the victim was not deemed to have been aware of the existence of the victim.

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