아동ㆍ청소년의성보호에관한법률위반(강제추행)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The Defendant, at around 17:30 August 17, 2013, approaching the indoor swimming pool of the Dgymnasium located in Chungcheongnam-si, Chungcheongnam-si, by approaching the victim E (the age of 17), who is a juvenile, to take a swimming, and talks with the victim’s arms and shoulders by hand, and the victim committed an indecent act by force against the victim by taking the victim’s knife’s knife and knife with knife with knife with knife by hand.
2. Determination
A. 1) The evidence submitted by the prosecutor directly corresponds to the facts charged in the instant case, among the evidence submitted by the prosecutor, there are evidence: E (hereinafter “victim”)’s legal statement; the victim’s police statement protocol (second time); the victim’s police statement protocol (third time); and internal investigation report (verification of the suspect’s identity); and all of them are the victim’s statement of the victim’s criminal category that “the defendant is an offender;” and the credibility of the victim’s statement of the victim’s criminal title is examined.
2) In the criminal identification procedure based on the appearance, etc. of the suspect's appearance, etc. of the relevant legal doctrine, requiring a witness to identify the criminal by alone or presenting only one photograph of the suspect to the witness when he/she presents the suspect's photograph to the witness is low unless there are any additional circumstances such as the victim's statement that the suspect or a person on his/her photograph is suspected of being a criminal, due to the limitation and accuracy of human memory and the possibility that the suspect can give him/her awareness of the suspect or his/her photograph to the witness when he/she is suspected of being a criminal.
It should be viewed.
In this regard, in order to enhance the credibility of a witness's statement in the criminal identification procedure, the witness's statement is made in terms of the appearance of the offender.