아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
A. We examine the circumstances.
On August 8, 2017, when submitting a written complaint, the victim stated that the date and time of the initial crime were patrolmen from May 2017, 2017. However, on August 8, 2017, the victim consistently stated that the crime of this case was two weeks prior to the date of moving to a female glady dormitory when the X Center was involved in the crime of this case.
After November 17, 2017, the victim stated in the police investigation that “Although the first statement was made on the end of May 2017 because there was no yellow dust, it would be asked to galdian, so that the date of the crime would be May 7, 2017, and the date of the crime was considered to be the end of April (23-30 days).”
(Evidence No. 72) After March 1, 2018, the victim stated that “The date on which the case was committed is not accurately memory, and that “the date on which the case was committed was 2 weeks prior to the day ( May 7, 2017) at the glick dormitory,” but the victim stated that “the date on which the case was committed was expressed as April 2* (20 days-29 days) at the cell phone when the defendant sent her chest and confirmed the time on the cell phone.”
(Evidence Records 260 pages). The victim's statement on the date of crime was changed, but it is acceptable in light of the circumstances, and there is no reason to make a false statement on the date and time of crime as well as on the contents of the victim's statement.
On the other hand, after the defendant committed indecent act by compulsion, the victim stated that the victim went into the room of G and entered the room of the victim, and G and H also stated that the defendant was under the influence of alcohol on April 2017 and entered the room of G and entered the room of G to make a defense. The statement of G H also conforms to the victim's statement on the date of crime.
(2) The indictment shall be deemed to include the circumstances in which the date and time of the crime is stated as "Hadman on April 2017."
On November 7, 2017, the victim asked the police that “the date of the occurrence of the case, the Defendant was able to do so, and whether the Defendant was able to do so,” and that he was forced to do so on the day of the case.