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(영문) 수원지방법원 안산지원 2018.08.17 2017고합360

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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The defendant is innocent. The summary of this judgment shall be notified publicly.

The request for the attachment order of this case is dismissed.

Reasons

Judgment on Defendant case

1. The summary of the facts charged and the person who requested an order to attach an electronic device (hereinafter “defendant”) came to know of each other while attending a church, such as the victim B (name, leisure, 12 years old), and the victim C (the victim, 10 years old) and the person who became aware of the face while using the E Park in Ansan-gu, the location of the defendant’s residence.

가. 피해자 B( 가명 )에 대한 범행 피고인은 2017. 5. 8. ~ 2017. 5. 9. 17:00-18 :00 경 사이에 안산시 단원구 F에 있는 ‘G’ 앞 노상에서 아이스크림을 구입하기 위해 서 있다가 피고인을 보고 인사를 하는 피해자를 갑자기 껴안고 손으로 피해자의 엉덩이 부위를 약 2~3 회 가량 톡톡 치고 왼쪽 귀 뒷부분에 뽀뽀를 했다.

Accordingly, the defendant committed an indecent act against a person under 13 years of age.

B. The Defendant, on May 2017, 201, 200: (a) 20:00, performed alcohol in the above E Park, and frighted with her friendship and her relative at the same place; and (b) her head was able to take her hand, and her head was able to do so with her hand, and she bucks.

Accordingly, the defendant committed an indecent act against a person under 13 years of age.

2. Summary of the defendant and his defense counsel's assertion

A. In relation to paragraph 1-A (A) of the holding, there is no fact that the defendant did not contact the victim B on the day of the case, and there is no fact that the above victim committed an indecent act.

B. In relation to Paragraph 1-B of the holding, the Defendant should not abandon waste to the victim C.

Although there is little confusion, there is no indecent act against the above victim.

3. Determination

A. In a criminal trial, the recognition of a criminal fact should be based on strict evidence with probative value, which leads a judge to such a degree that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree that such conviction would lead to such a conviction, the same shall not apply.