2016 Highest 2860 Indecent Act by force, insult

○○○ (○○* 54******)*), non-service

Kim Jong-J (Courts) (Courts) (Courts), Lee Pung-hee, Yang Sung-Jak, Park Ho-Jak (Courts)

Law Firm Barn, Attorney Yoonn-han in charge of law

June 19, 2018

Defendant shall be punished by a fine of one million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Of the facts charged in the instant case, the charge of indecent act by compulsion is acquitted.

Criminal facts

On September 28, 2016, around 21:50 on September 28, 2016, the Defendant: (a) requested the replacement of an apartment controlled entity in front of apartment buildings; (b) brought about a dispute with the victim’s o, who was in the assembly, while taking a desire for replacement of people in front of apartment buildings; and (c) made a public insult of the victim by stating that there are about 20 residents as “the victim’s typ sp sp sp sp sp sp sp sp

Summary of Evidence

1. The defendant's legal statement (the 11th trial date); 1. Each legal statement of the witness A and the branch of the defendant's family;

Application of Statutes

1. Article applicable to criminal facts;

Article 311 of the Criminal Act, Articles 70(1) and 69(2)1 of the Act on the Detention in the Nowon-gu Station on September 28, 2016, the summary of the charge is as follows: (i) around September 21, 2016; (ii) around September 28, 2016; (iii) around 21:20 of the Criminal Procedure Act; (iv) around 42 years of age; (iv) the victim ○○ (or 42 years of age); and (iv) the victim’s desire was taken with cell phone; and (iv) the victim expressed his desire by “A. E. . . . . . . . . . ;” the Defendant expressed his hair and fice to the victim’s chest and fice, and committed an indecent act by coercioning the victim under the influence of the victim by force.

2. Determination

The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if the prosecutor’s proof fails to reach such a degree that such conviction would lead to a sufficient conviction, the determination ought to be made in the interests of the defendant.

The core evidence consistent with this part of the facts charged lies in the A and the victim branch of the victim branch of the Gu, and each of the investigative agencies mentioned above. However, in full view of the following circumstances, each of the statements made by the A's branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch of the Gu branch.

A. Through the video taken by ○○a, the Defendant, while raising words with the participants in an assembly, had taken pictures of ○○a while showing the face of the Defendant, and then had the direction of Kamera checked the fact that the pictures were suspended. While the head and face of the Defendant was taken on the chest of ○○a, it is only possible to confirm the fact that the pictures were suspended. While the motion picture is taken on the chest of chi○a, the motion picture is not entirely included in the face of the motion picture.

B. The content of recording the field situation at the time A includes the following circumstances after the recording of the video was interrupted, and among which, the said circumstances include women’s voice, “hume as a sexual indecent act.”

However, as to this issue, B explained that “A party to the statement did not contact the chest of ○○○” but did not contact the chest. However, it was merely a statement to the effect that the Defendant was able to commit a sexual indecent act at a lower level than the point where the Defendant’s gate was occupied.”

C. At the same time, C was present as a witness in this court and stated to the effect that “The Defendant was almost contacted by the cell phone because he was shaking his head on the left left and left, but he did not commit an indecent act on his chest.”

D. In addition, D also appeared as a witness in this court and stated in this court that “the witness was close to the day immediately next to ○○ia, but only was contacted by the Defendant’s head and Handphones, and there was no contact between the Defendant’s face and yeast of ○○ia. In relation to apartment controlled entities, only proposed a police report in order to restrain the Defendant in conflict with each other, and it did not mean that it was required to make a specific report as an indecent act.”

E. During the investigation process, E specified as the reporter also appeared as a witness in this court and stated to the effect that “only reported so because there was an indecent act, etc. in the field at the time, and the witness himself was in front and rear, and the Defendant’s face, etc. was not a witness to contact the chest of ○○ child’s chest because he was in front and rear.”

F. Unlike the receipt of the police report by indecent act by force at the beginning, multiple people who participated in the assembly at the same time at the time stated that the Defendant was the head of the ○○ Infant who taken a video image, but was based on the Defendant’s chest on the chest, but was not ○○ Infant’s chest, or was not sick down below, or that there was no such fact. This conforms with the Defendant’s defense.

G. It seems that there was a reference to the purport that it is sexual indecent act between persons at the present site. However, it is difficult to avoid any possibility that the Defendant committed an indecent act in ○○○’s chest on the face, etc. as shown in the facts charged, on the sole basis of the fact that there was a mentioning act of sexual indecent act, the Defendant committed an indecent act in her face, etc., with the intent to restrain the Defendant from committing an act of taking a fluorous image against another person’s view in connection with the replacement of apartment controlled entities, and thus, he/she took the flusium or excessively interpreted the Defendant’s act of taking a flusium with his/her hair toward the flusium where he/she took a flus

3. Sub-resolution:

Thus, the charge of indecent act by compulsion among the facts charged in the instant case constitutes a case where there is no proof of crime, and thus, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the purport of the public announcement of the judgment of innocence is not sentenced according

Justices Kim Tae-tae