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(영문) 대전지방법원 공주지원 2018.06.12 2017고단421
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged and the victim B (the age of 43) are members of the C Association.

On June 23, 2017, around 19:00, the Defendant committed an indecent act by making the victim’s back part of buckbucks with the hand floor when the Defendant wishes to sit in the “E” restaurant located in D, and the victim’s late arrival at the meeting.

2. The burden of proving the facts charged in a criminal trial for determination ought to be borne by the prosecutor, and the conviction ought to be based on evidence of probative value, which makes the judge sure that the facts charged are true enough to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, the interest of the defendant should be determined.

The evidence that corresponds to the facts charged is written by the victim and the F in the court and the investigative agency.

First of all, the part corresponding to the facts charged in the F’s statement is that “The Defendant saw to put the victim’s hand on the victim’s bucks inside the bucks,” which is admissible in this case as long as the G stated that there was no fact that the person who made the original statement appeared in this court and made the statement to that effect.

Next, in relation to the statements made by the victim, there is doubt that the victim was forced to commit an indecent act by the defendant from the investigative agency to the court, as stated in the facts charged, and there is a suspicion that the victim was committed an indecent act by deceiving the victim's bucks into the floor by hand.

The summary of the victim's statement is that "the defendant was released with the floor of the victim's hand by buckbucks, pressured by hand at the time of bucking, and bucked to buck off the hand."

그러나 피고인은 일관하여 “ 손등으로 피해자의 허벅지를 툭 쳤다 ”라고 주장하고 있고, 유일한 목격자인 G은 2017. 8. 12. 경 피해자와...

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