성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged was serving as school security guards at D elementary schools located in Eunpyeong-gu Seoul Metropolitan Government from March 5, 2012 to April 2, 2017.
People and victims E (n, 14 years old) are students of the above elementary school.
On July 2015, the Defendant discovered that the victim (the age of 12 at that time) who was a student at the above elementary school security room during the six-year period of o'clock, completed after school after the school after taking lessons, left the fruit and the ice cream, and committed an indecent act by making the victim take hand in the part of the victim's own knife in the stude of the knife and the knife in the part of the victim's own knife.
Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.
2. Determination
A. As evidence directly corresponding to the facts charged in the instant case, there are legal testimony of school counseling private person F, statement protocol at the police, consultation contents prepared by F, and consultation will be conducted.
B. Each of the above evidence is inadmissible in principle in accordance with Article 310-2 of the Criminal Procedure Act, since the statement that F made by the victim the victim the statement that the defendant committed an indecent act against the victim, such as the statement in the facts charged in this case, or that the statement or document containing such statement is "a specialized statement with the content of another person's statement other than the defendant," or "a protocol or document containing such a specialized statement" made by a person other than the defendant. However, the hearsay statement is inadmissible in accordance with Article 316 (2) of the Criminal Procedure Act, but it is exceptionally admissible only when the original statement was made due to death, illness, residence in a foreign country, or any other reason, and the statement is made under particularly reliable circumstances.
The protocol and documents in which the professional statement is recorded shall be the case in which the admissibility of evidence can be recognized in accordance with the provisions of Articles 313 through 314 of the Criminal Procedure Act, as well as the case in which it is also the case in which the Criminal Procedure Act is Article 316(2).