아동ㆍ청소년의성보호에관한법률위반(강제추행)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is that the Defendant, who manages a subdivision store called "D" from 109 to 109 of the Ildong-gu Busan Metropolitan City C Building 10, was employed as a child or juvenile victim E (n, 17 years of age) and F (n, 16 years of age).
피고인은 2014. 9. 4. 22:30경 위 분식점 내 스텝실에서 퇴근을 하기 위해 옷을 갈아입는 위 피해자에게 “왜 넌 쟤(F)보다 가슴이 작냐, 뽕 넣은 거 아니냐, 가슴 없는 거 아니냐, 쟤(F)는 부담스러운데 네가 딱 좋다”라고 말하며 피해자의 오른쪽 가슴의 브래지어 아랫부분(와이어)에 오른손을 갖다 대며 피해자의 가슴을 살짝 위로 올림으로써 아동ㆍ청소년인 피해자를 강제로 추행하였다.
나. 피고인은 2014. 9. 5. 22:30경 위 스텝실에서 퇴근하기 위해 옷을 갈아입는 피해자에게 다가가 왼손으로 피해자의 오른손을 잡아 피고인에게 끌어당겨 안음으로써 아동ㆍ청소년인 피해자를 강제로 추행하였다.
2. Determination
A. Each police statement about the victim and F with direct evidence corresponding to the facts charged in the instant case and testimony in this court is made by the victim.
(F) The main content of the police statement of the F is that it was nothing more than the victim to commit the instant crime, and eventually, the victim's statement can be found as evidence to acknowledge the instant facts charged.
However, in light of the following circumstances, which can be seen by comprehensively considering the above evidence and the fact-finding, etc. on the juvenile juvenile, the Council members, and the Japanese fire fighting team, it is difficult to believe that the victim’s statement is true, and the evidence alone submitted by the prosecutor alone is insufficient to deem that the facts charged in this case was proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge otherwise.
1. The victim's statement related to the date of crime is acknowledged by the evidence mentioned prior to the judgment of credibility.