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(영문) 대구지방법원 포항지원 2015.04.27 2014고합111 (1)

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is that Defendant A is the mother of the Victim F (F, 17 years of age), and Defendant B is between Defendant B and his mother G around 2006.

Defendant

A On July 2010, the Defendant got frighten from the Defendant or the Defendant’s children and frightened while the victim was locked at the Defendant’s house located in the south-gu Defendant’s house at the port of the date on July 2010, the Defendant met the chest of the victim who was frightening and was frighted by committing an indecent act from the Defendant or the Defendant’s children and met the chest of the victim who was frightened.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by deceptive means or by force.

B. On July 11, 2013, Defendant B: (a) told the victim, who was frightened by the Defendant at the Defendant’s house located in the U.S. U.S. U.S. U.S. U.S. U.K. I, said that “I am about about about the me,” and, (b) said, “I am at the time when she was left, I am am her chest, and I am her being her hair under the supervision.” (c) said, the Defendant 2 became her part of the victim’s chest by hand, and was her part above the victim’s her part.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by deceptive means or by force.

2. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence with probative value sufficient for a judge to have the truth of the facts charged to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be judged in the interest of the defendant

(2) In light of the following circumstances, the court and the police made a statement to the effect that the Defendants were subject to indecent act as stated in the facts charged. However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court: (a) the victim, at the court and the police, made a statement to the effect that he/she was subject to such indecent act; and (b) the victim was duly adopted and investigated by the court.