아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
The defendant shall be innocent.
1. On September 2016, the Defendant committed sexual abuse, such as sexual harassment, etc., that causes sexual humiliation to the victim, on the ground that the victim E ( South and five years old), who is receiving the early training course from the Defendant, who is an instructor of the above center, was taking part in the early swimming training course from the Defendant, at around 15:00, Namyang-si, on the ground that the victim E ( South and five years old), who was taking part in the early swimming training course from the Defendant, was unable to properly adapt to the course, even though he was taking part in the training course, was unable to properly adapt to the course.
2. The statements made by the victim's investigative agency as direct evidence that correspond to the facts charged in the market are sufficient.
However, considering the fact that the statement of the victim is a child, it is difficult to believe it as it is in view of the following circumstances, and the evidence submitted by the prosecutor alone is insufficient to admit the guilty of the facts charged, and there is no other evidence to acknowledge it.
A. As to the place of the instant crime, a pool of young children within the D swimming pool, which is designated as the place for the instant crime, may be easily seen from the atmosphere room, just below the front door of the guardian room on the second floor.
In particular, during the veterinary class hours at the time of committing the instant crime, the guardians, such as the mother of the victim, etc., have observed the form of taking lessons through the free windows in the waiting room.
In addition, it was a situation in which not only the defendant but also other instructors are taking the training course within the swimming pool of a swimming pool infant, so other instructors were or can be seen as having reported the form of the training course of the defendant.
As such, it is difficult to believe that not only ten children who take lessons from the Defendant, but also the victim’s statement that the Defendant was sexually abused by the victim at an open place such as guardians and other instructors, etc. is not good.
B. Regarding the time of crime.