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(영문) 부산지방법원 동부지원 2019.06.28 2018고합147

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged and the victim B (the 15-year old age) came to know from around the summer of 2010 and became known through hosting, and have come to contact. A.

Around October 2010, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (compreting deceptive scheme, etc.) made it difficult to resist the victim’s resistance by threatening the victim to the effect that “I will find her only as a school of the Republic of Korea, I would like to unfold his/her friendship and her friendship,” and by threatening the victim to “I would like to open her friendship and friendship.” The Defendant sexual intercourse with the victim, who is a juvenile, with the victim’s sexual organ, with the victim’s emergency stairs in Busan Shipping Daegu Urban Complex Co., Ltd., with the victim’s clothes.

B. On October 2010, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act against the juvenile victim by threatening the victim to the same effect as indicated in paragraph (1), making it difficult to resist the victim’s resistance, and putting the victim’s clothes out of the victim’s clothes, and putting the Defendant’s fingers into the victim’s negative part, thereby committing an indecent act by force.

2. The defendant and his defense counsel's assertion that the defendant stated that "the defendant made the victim speak that "the defendant will unfilled her child and friend her child and friend her child."

② While the Defendant took the part in the teaching system with the victim, and subsequently took part in the educational relationship with the victim, the Defendant provided the victim with the phrase “to find it as a school at the front of the Republic of Korea” and provided the victim with a sexual intercourse thereafter, the Defendant did not have a sexual relationship with the victim by exercising power or by intimidation.

3. Determination

A. Among the evidence submitted by the prosecutor in relation to evidence, the evidence supporting the facts charged is as follows: ① the victim's accusation warrant, the investigation agency and this court, ② the witness D, E's investigation agency, and this court that the victim had been subject to sexual assault or intimidation; ③ the victim consulted with the victim; and ③ the counseling contents with the victim.