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(영문) 서울북부지방법원 2016.01.07 2015고단3203
강제추행
Text

The defendant shall be innocent.

Reasons

1. On July 3, 2015, the Defendant: (a) around 23:40 on July 3, 2015, in Seoul Special Metropolitan City, Nowon-gu C, the Defendant committed an indecent act by force against the victim E (e.g., 42 years old) on several occasions, wherein the turbane of the victim E (e.g., going beyond the upper arms) located in the side turbble passage with a hand.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, the interest of the defendant should be determined (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2008Do4467, Jul. 24, 2008). (b) there is evidence showing that the facts charged are consistent with the facts charged, but it is difficult to believe that the statements and written statements in the victim, F, G's investigation agency, or this court are written in the following statements, but the evidence submitted by the public prosecutor submitted by the prosecutor alone is sufficient to prove that the defendant committed an indecent act several times and forced by the victim.

It is difficult to see otherwise, and there is no evidence to prove the facts charged.

(c)

First of all, in light of the attitude or height of the defendant who was seated at the time, the location of the victim, the distance between the defendant's arms and the victim's her m, the height and body of the victim's macks (see the following), and the victim's macks about the victim's macks about the victim's hand, which has been increased without the intent of the victim's mack in the process of learning about the body of the victim's mack.

The actual substance is between the seat on which the defendant sits and the table on which the victim tried to sit.

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