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(영문) 의정부지방법원 2018.05.28 2018고합85

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The primary facts charged (violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act)) sought to fit the face of the victim E (the child and juvenile victim E (the 17-year age), who will return to the family and personnel of Eunpyeong-gu Seoul Metropolitan Government and the subway No. 3 around 18:50 on October 21, 2017, while having tried to fit the face of the victim E (the 17-year age), who is a child and juvenile, around October 21, 2017.

Accordingly, the Defendant attempted to commit an indecent act against a child or juvenile victim.

B. Preliminary facts charged [Compulsory Indecent Act] around October 21, 2017, the Defendant attempted to have a face with the victim E (the age of 17) who will turn back from Eunpyeong-gu Seoul Metropolitan Government and subway D No. 7 Station D around 18:50 on October 21, 2017. However, the Defendant attempted to have a face with the victim E (the age of 17).

Accordingly, the defendant attempted to commit an indecent act by force against the victim.

2. At the time of the argument of the Defendant and the defense counsel, the victim, who had been in front of the subway D No. 7 subway station (open opening), was fluorted with male-friendly implements and returned to her own, followed the Defendant’s launch that had been trying to pass through the above opening entrance. In that process, it was obvious that the Defendant had faced with the victim, and it was obvious that the Defendant had attempted to commit an indecent act against the victim, and the victim did not have been aware of the fact that she was a juvenile.

3. Comprehensively taking account of the following facts and circumstances acknowledged by the judgment records, the Defendant was able to take care of the date, time, place, etc. stated in the facts charged, and take care of the Defendant in the front of the opening entrance at the time of the opening of the said subway in order to go together with the house. As such, there is a considerable room for deeming the Defendant to have taken care of the victim’s face in the form of facing the victim, and the Defendant was submitted by the prosecutor in the instant case where the Defendant denied the intention of the motion.