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(영문) 인천지방법원 2014.01.24 2013고합569

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The defendant shall be innocent.

Reasons

1. The Defendant is an instructor of the U.S. nationality who gives English lectures to elementary school students, etc. at a driving school located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the victim E (V, 9 years old) was the first student of the foregoing driving school, and was taking lectures from the Defendant. A.

On April 2013, 2013, the Defendant, among the crimes committed in the middle of April 2013, 15:20 - 16:05, had the Defendant informed the victim of his answer while running a course at the above English Institute of English, and had the Defendant sit the victim with knee.

The Defendant written a writing on the paper in one hand, and the Defendant, with a single hand, got off the part of the victim's sexual organ towards the victim's sexual organ by excluding his hand from the victim's sexual organ.

Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.

B. On May 1, 2013, the Defendant committed a crime around May 1, 2013, and the Defendant above the Defendant around 14:43.

During the course of study at the same place as Paragraph 1, the victim used English language in front of the classroom, as a brush brush.

The defendant continued to assist the victim to do so, and the victim cannot be satisfed with only one hand by standing behind the victim, and the part of the victim's sexual organ with a hand outside the victim's sex.

Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.

2. Determination:

A. In determining the credibility of a statement made by a sex offender victimized by evidence of relevant legal principles, the first child during the process of the occurrence of the case after the occurrence of the case, taking into account the following: (a) whether the child has made a statement of damage by the guardian, etc. or the child has been notified of the fact of voluntary damage by finding the proviso by examining the circumstances in which the child first made the statement of damage was found; and (b) the child is highly crypted by the questioner; and (c) there is a possibility that the child may confuse the circumstances and reality or may not properly recognize the source of memory