2014Gohap332 Indecent Act by compulsion

Kim Hong (71 year Kim Hong, South) , Company Board

Residential Suwon-si District:

Seoul basic domicile

A doctoral degree (public trial) and doctoral degree (public trial)

Attorney Park Jong-jin (National Election)

September 30, 2014

The defendant shall be innocent.

1. Summary of the facts charged

On April 8, 2014: around 40, the Defendant, at around 40, committed an indecent act by force against the victim, who was waiting for the bus on the front side of the bus stop located in the Saun Station in Dongjak-gu Seoul Metropolitan Government, Seoul Metropolitan Government, by committing indecent act against the victim, by drinking the victim Kim-○ (hereinafter the age of 24) who was waiting for the bus on the front side of the bus bus stop located in the Saundong-gu, Seoul Metropolitan Government.

2. Determination

The establishment of facts constituting a crime in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to confluence to a reasonable doubt. As such, in a case where the prosecutor’s admission does not sufficiently reach the extent that such convictions are to be ensured, even if there is doubt of guilts, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, even if there is doubt of guilts, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011).

피고인 및 변호인은 , 피고인이 이 사건 당시 피해자를 추행한 사실이 없으며 , 가사 이 사건 당시 피고인이 들고 있던 숄더백이나 피고인의 신체가 우연히 피해자의 엉덩 이에 닿았다고 하더라도 피고인에게 피해자를 추행할 고의가 없었다고 주장한다 .

(4) The court has lawfully adopted and investigated the following circumstances, namely, ① the victim was waiting for a bus stop to board the bus at the time of the instant investigation agency and this court. However, the victim was able to see whether the victim was able to feel sexually imprisony by using the victim’s body, and the victim was able to see the victim’s body again, and the victim was able to see that the victim was able to feel sexually imprisony if the victim was able to feel sexually imprisony, and there was no other evidence that the victim was able to feel sexually imprisony, in light of the fact that the victim was able to feel sexually imprisony at the time of the instant case, and that the victim was able to feel sexually imp on the victim’s body, and that there was no possibility that the victim was imprisony about the victim’s body, and that there was no other evidence that the victim was impris on the victim’s body.

3. Conclusion

Thus, since the facts charged in this case constitute a case where there is no proof of crime, it is decided as per Disposition by deciding not guilty of the defendant under the latter part of Article 325 of the Criminal Procedure Act.

Jurors's verdict

○ Doo's verdict on guilt or innocence

- - Ten persons:

- Not guilty: Seven persons (for a jury's unanimous trial)

For judges of the presiding judge;

Judges Cho Jae-man

Judge Park Jong-hun