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Reasons
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(영문) 제주지방법원 2017.07.06 2016노485
강제추행
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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the instant facts charged, did not have committed an indecent act by force against the victim’s breast part by hand.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The gist of the instant facts charged was that the Defendant served as safety personnel at the E sled sled sled in Do from the end of November 2015 to the end of February 2016, 2016.

At around 16:10 on January 17, 2016, the Defendant committed an indecent act by force on the left side of the victim’s chest that the Defendant attempted to stop safely by driving the sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled.

B. The lower court found the Defendant guilty of the instant facts charged based on the Defendant’s partial legal statement, F’s legal statement by witness F, and police statement by F.

(c)

1) In the relevant legal doctrine, the recognition of facts constituting an offense ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree of confiscing such conviction, even if the defendant’s assertion or defense is inconsistent or unfisced, and there is suspicion of guilt, such as infiscing the defendant’s assertion or defense, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). In particular, in a case where the defendant consistently denies the facts charged and the victim’s statement is de facto only based on direct evidence consistent with the facts charged on the records, in order to find the defendant guilty on the basis of the victim’s statement, there is little doubt about the authenticity

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