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(영문) 대구지방법원 서부지원 2018.09.06 2017고단837
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a student with the nationality of kikistan.

On July 11, 2016, the Defendant forced the victim to use the victim’s left chest on his/her own hand in the upper direction, thrhinging the victim’s left chest from the front of the C University KUT, Daegu, at the front of the CUT, to a post office room. On July 11, 2016, the Defendant: (a) discovered the victim’s D (at the age of 22) and attempted to commit an indecent act against the victim; (b) prevented the victim from moving the front of the victim at the flood; and (c) prevented the victim from moving the front of the road.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, the conviction should be based on the defendant’

피해자는 ‘ 피고인이 피해자의 반대편에서 걸어오다가 피해자의 앞을 몸으로 막아서고 얼굴을 빤히 쳐다보다가 갑자기 손을 뻗어 왼쪽 가슴을 한번 만지고는 공대 쪽으로 도망갔다’ 는 취지로 진술하였다.

In relation to this, the Defendant changed to the purport that, as consistent from the date of the instant case to the date of this court, “The Defendant had been aware that he had been engaged in volunteer activities in the Republic of Korea in the Republic of Korea, the Defendant did not have any intention to commit indecent act on the part of the Defendant.” However, the Defendant did not have any intention to commit indecent act on the part of the Defendant’s grandchildren during the instant case, although the Defendant’s grandchildren had no intention to commit an indecent act.”

In fact, according to the evidence adopted and examined by this court, student E who attended the C University was engaged in volunteer activities in the KIKO on July 2012, and was aware of the defendant at the time, and was affixed or carried a photograph, and the defendant was the defendant.

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