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(영문) 대전지방법원 공주지원 2013.06.12 2012고합88

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The defendant shall be innocent.

Reasons

1. Around May 1, 2012, the summary of the facts charged is that the Defendant: (a) around 19:30 on the road front of the bus stop in the Gongju-si, Kaju-si, c apartment 311-dong 607, sent the two weeks to the victim D (the child, the age of 14) who is a child or juvenile; (b) made the victim under the influence of alcohol and seems to have been able to walk back to the victim; and (c) made the victim her walk away by her clothes of the victim; and (d) took an indecent act by force on the part of the victim's body before the bus stop in front of the Maju-si, Maju-si, the Defendant committed an indecent act before the bus stop in front of the building, and (e) made the victim she was forced to drive his chest and Ha (the age of 14 years) with his mother, who was on the back of the victim's body and forced the victim to turn back the victim's body.

2. Determination

A. Although the Defendant’s grandchildren alleged to be the Defendant and the defense counsel did not commit an indecent act, they did not have the intent to commit an indecent act, and there was no fact that the Defendant was satisfing or satisfing the chest for the victim H.

B. Determination 1) In criminal proceedings, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the defendant's indictment is unreasonable and false, it cannot be disadvantageous to the defendant. The proof of criminal facts should have a judge acquire a high probability to the extent that there is no reasonable doubt. If there is no evidence to form a conviction, even if there is no evidence to establish such a degree, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). 2) As evidence consistent with the facts charged in this case, evidence that corresponds to the facts charged in this case is a victim, D, each investigation agency of H, and this court, and I will prepare an I analysis the statements of the victims.