아동ㆍ청소년의성보호에관한법률위반(강제추행)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged found that the Defendant, around October 2, 2017, 23:20, while drinking alcohol, such as friendly arrest D, KON KON C, located in Gangnam-gu Seoul, Seoul, had discovered and combined the Victim E (V, 16 years old) to drink the same.
The Defendant, while drinking alcohol as above, committed an indecent act by force against the victim, who is a child or juvenile, by taking advantage of the gaps in which the behaviors of the victim and himself/herself were unfolded with the victim, and by taking advantage of the gap, he/she gets the victim's losses and dancing with the victim.
2. The Defendant and his defense counsel’s assertion that the Defendant and his defense counsel met with the victim’s hand, but the Defendant did not recognize that the victim was a child or juvenile, and did not fit the victim’s hand against the victim’s will, and denies the crime.
3. Determination
A. As to the facts charged in this case where the defendant consistently denies the crime from police investigation to this court, the prosecutor submitted only the defendant's police statement (Evidence 1, 4, hereinafter "Evidence List") that denies the crime, victim's police statement and video CD (Time 2, 5-7), D police statement (time 3), police investigation report (time 8), police investigation report on change of the name of the crime (time 9), defendant's criminal history, etc. (time 10), and the details of the report of 112 reported case (time 1) as evidence.
In addition, this court summoned victims, D, F, and G as witnesses and examined them.
The defendant's self-written statement (time 1-5, 8-11), investigation report (time 8), investigation report (time 8), investigation report on the change of the name of the crime (time 9), response to criminal history (time 10) does not include any content proving the facts charged, and the police of the defendant.