아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Criminal facts
The Defendant is a person who operates the Bodon Private Teaching Institute with the trade name of "E" in Pyeongtaek-si D, and the victim F (V, 18 years old) is a student of the said private teaching institute.
1. On October 10, 2017, the Defendant committed an indecent act by force on October 10, 2017, in the E lecture room located in Pyeongtaek-si D around 19:30 on October 10, 2017, in order to have the victim take lessons behind the left side of the victim, and in order to force the victim to commit an indecent act. On October 10, 2017, the Defendant left left side buckbucks of the victim.
As a result, the defendant committed an indecent act against the victim who is a juvenile.
2. On October 17, 2017, on October 17, 2017, the Defendant committed an indecent act by force: (a) was involved in a course of study by sitting on the right side of the victim in the E lecture room on the right side of the victim; (b) was willing to force the victim to commit an indecent act; (c) was likely to have the victim’s left hand on three to four occasions; and (d) was left hand to put the left hand on the right side buckbucks of the victim and put the hand into the buckbucks of the victim on the right side.
As a result, the defendant committed an indecent act against the victim who is a juvenile.
Summary of Evidence
1. Statement made by the witness F in the fourth public trial record;
1. Each legal statement of witness G and H;
1. Each police statement made to F and G;
1. Images and CCTV production CD 1, 2;
1. The Defendant did not forcibly commit an indecent act against the victim on the part of the Defendant claiming that the Defendant was not guilty of not guilty of the photographic and textic message pictures after the cell phone closure.
The victim’s statement, the only direct evidence of the facts charged of this case, is difficult to believe against objective evidence or circumstances.
Judgment
In determining the credibility of the statement of the victim, etc. supporting the facts charged, the court shall not only conform to the rationality, logic, contradiction, or rule of experience of the statement itself, but also the appearance, attitude, and statement of the witness who is going to make a statement in open court after being sworn in the presence of a judge, but also conform to the evidence or third party's statement.