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(영문) 의정부지방법원 고양지원 2019.07.23 2019고합101

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

. The summary of the facts charged is that the Defendant is a person working as a guardian of learning at an elementary school * an elementary school, and the victim C (a family name, 10 years old) is the above elementary school student.

피고인은 2018. 10. 10. 14:17경 위 학교 본관 1층 오른쪽 출입구에서, 귀가하기 위해 실내화를 갈아 신고 있던 피해자의 등 뒤로 다가가 갑자기 피해자의 양쪽 손목을 잡고 피해자의 등 위에 올라탄 다음 자신의 얼굴을 피해자의 볼에 수회 비볐다.

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

2. The accused and defense counsel have worked in the first floor toilet of a school after attending school to work in the p.m.

There is only the enemy, and there is no fact that only the victim was living or had contact with the body at the time of the case.

3. As indicated in the judgment below, it is extremely insufficient to recognize the Defendant as the actor of the instant facts charged as the victim’s statement. This is the same even if all the evidence submitted by the remainder prosecutor are integrated.

There is no evidence to prove the facts charged of the instant case.

(1) In light of the following: (a) the victim consistently stated the facts of harm from the investigative agency to this court; and (b) the victim made a statement to the effect that “the perpetrator did not have any location at the time of the investigation” with regard to the clothes colored by the perpetrator at the time; and (c) the victim made a statement to the effect that “the perpetrator did not have any location at the time of the investigation” (Article 41, 75, 76, 81, etc. of the evidence record); and (d) the victim did not have considerable means of communication or expression at the time of the investigation into the investigative agency’s statement (Article 87, 95 of the evidence record, and each intermediary’s report), and the victim’s statement to the appearance of the perpetrator was highly reliable.

However, the defendant's statement;