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(영문) 서울동부지방법원 2018.12.14 2018고합179

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who operates a joint venture hall in Seoul Special Metropolitan City, Nowon-gu building B, and the victim C (V, 12 years old) was a student of the above joint venture hall from around 2016 to November 2017.

A. On June to July 2017, the Defendant 15:0 to July 15:30, 2017, on the second floor of the above 2nd floor of the building, she was working on the victim, etc., who was taking a stairs, and she was working on the part of the victim, etc., who was working on the part of the 2nd floor above the above 2nd floor of the building, and she was able to throst the victim’s drinking part at the string, and requested the victim to get off the string part of the string part of the string part of the string part of the string part of the string part of the string part

B. On June to July 2017, the Defendant was suffering from the Plaintiff’s inception of one student, who had completed training in the B/L 2017, on the following grounds: (a) he was aware of his personal identity; and (b) he was inception of one’s own victim.

Accordingly, the defendant committed an indecent act on the part of a child under 13 years of age on two occasions.

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value sufficient for a judge to have the authenticity of the facts charged to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be judged as guilty even if there is suspicion of guilt against the defendant (see Supreme Court Decision 2015Do11428, Feb. 18, 2016). In determining the credibility of a statement made by a victimized child of sexual indecent conduct, submitted as evidence, the child’s age is strong, in view of how children’s age is, how much, how much after the time when the above statement was made, and how much after the occurrence of the case, and how the above statement was made after the occurrence of the case.