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(영문) 대구지방법원 2018.06.12 2017고단7198
강제추행등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, from March 1, 2013 to June 30, 2017, worked as a social worker at D located in Daegu Dong-gu, Daegu as a social worker, and the victim E (V, 32 years of age) from September 12, 2016 to the above D’s office worker.

1. Before November 29, 2016, the Defendant was forced to commit an indecent act on the part of the victim, who was parked in the G located in Daegu-gu, Daegu-gu, Daegu-gu, on November 29, 2016, with the victim’s chests and booms, who were under the influence of alcohol and were in the back seat, together with the victim’s chests and booms.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

2. On December 2, 2016, from around December 2 to March 3, 2016, the Defendant forced indecent act: (a) was parked in front of the K convenience store located in Gyeongdong I in Gyeongdong-gun, and (b) took the victim’s hand over several occasions even though the victim had ppuried; and (c) took the victim’s hand over several times.

Accordingly, the defendant committed indecent acts against the victim by assault.

2. Determination

1. Determination on the charge of forced indecent act

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes a judge feel true beyond reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.).

However, considering the following circumstances admitted as legitimate evidence by this Court, the victim’s statement alone commits an indecent act against the victim in a situation where it is impossible to resist as stated in the facts charged, or commits indecent act against the accused.

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