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(영문) 서울북부지방법원 2018.09.06 2018고단1226
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. On November 27, 2017, the Defendant: (a) around 17:13, the Defendant: (b) moved from the subway credit mountain station of subway No. 4 located in Yongsan-gu Seoul, Yongsan-gu, Seoul, to the station station of a Party located in 3 according to the Dongjak-gu Seoul Metropolitan Government, along with the rear side of the victim D (Woo, 28 years old); and (c) the Defendant was married with his own arms to the left side of the victim.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation which are densely concentrated places by the public.

2. The prosecutor bears the burden of proving the facts that constitute the elements of the offense charged in the judgment criminal trial.

The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination ought to be based on the benefit of the defendant even if there is a doubt of guilt.

In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, the evidence alone submitted by the prosecutor that the defendant committed an indecent act against D with intent to commit an indecent act in a public concentrated place, such as the facts charged.

It is insufficient to conclude it, and there is no other evidence to acknowledge it.

① In an investigative agency and this court, D consistently states that the Defendant was satisfing with her own afterwards, and that her intentionally embart and embart.

However, D seems to be difficult to accurately understand what is his her mare in contact with knee, in the case of kneing up to knee by suffering from Cheongbane at the time.

The actual D also leads to the perception that the broad remarks at the time were belbows or descendants of the defendant, and then I think about it later.

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