아동ㆍ청소년의성보호에관한법률위반(강제추행)
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
The request for the attachment order of this case is dismissed.
Judgment on facts charged
1. On August 8, 2013, the Defendant: (a) around 17:00 on August 8, 2013, the Defendant: (b) committed an indecent act against the victim by using the circumstances in which the victim F (hereinafter “F”) driven a car before the YD; (c) conflict with the Defendant’s car and caused the accident; and (d) committed an indecent act against the victim.
The Defendant sent the victim and the victim to the HA repair station located at the Hamnnam Budget Office G located at the scene of the accident to the Defendant’s car, and tried the victim to find the registration certificate of the vehicle driven by the victim to the scene of the accident. The victim was on the road at the entrance of the Ham Association located at the Hamnnam Budget Office, and went to the scene of the accident. On the way to return to the said vehicle repair center, the Defendant threatened the victim to the effect that the victim “I would report to the police if I am soon and faster in the internal gender,” thereby inducing the victim to the effect that “I will report to the police without raising the amount of the victim’s gender.”
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. Relevant legal principles
A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2010Do9633 Decided November 11, 2010). B.
In order for the victim to be convicted of charges solely based on the victim's statement, high probative value is required to be so high that there is little room for doubt about the authenticity and accuracy of the statement, and whether this probative value is satisfied is reasonable, consistent, and objective reasonableness of the victim's statement itself.