성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged was married with E on October 31, 2013 by the Defendant, the mother of the victim (n, 16) and living together with the victim, and on May 24, 2014, when the date between May 31, 2014 and May 31, 2014 cannot be known, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental and physical loss or resistance impossible condition, as the date between 02:00 to 03:00, the Defendant’s house located in the Defendant’s house located in the Gangnam-gu Seoul Metropolitan Area F, Gangnam-gu, Seoul.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss of de facto kinship or the impossibility of resistance.
2. The gist of the defendant's assertion is that the defendant commits an indecent act against the victim.
3. Determination
A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant
B. The victim’s statement is made as direct evidence that seems to correspond to the facts charged in the instant case.
However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, there is sufficient credibility in the victim’s statement to the extent that the facts charged can be found guilty.
It is difficult to recognize the remaining evidence submitted by the prosecutor that the defendant committed an indecent act by taking advantage of the victim's mental and physical loss or resistance impossible condition as stated in the facts charged, and there is no other evidence to acknowledge it.
1) According to the records, the following facts are recognized.
(1) The defendant is the mother of a victim E.