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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 “D” management complaint.
On May 5, 2015, the Defendant: (a) from around 16:10 to around 17:10, to the victim F (9 years), who had an opportunity to have a fright around the shop of “D” located in Seoul, Jung-gu, Seoul, and play, “this flance ought to go?” and (b) went off the victim’s sexual flag two times with the hand floor.
Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.
2. Determination
A. Article 254(4) of the Criminal Procedure Act regarding the assertion that the facts charged are not specified ought to be specified by specifying the time, date, place, and method of the crime.
The purport of the provision, “, by limiting the object of the trial, aims at facilitating the efficiency and speed of the trial and at the same time to facilitate the exercise of the defendant’s right to defend by specifying the scope of defense. As such, a prosecutor must comprehensively consider the three specific elements, and state specific facts that constitute the elements of the crime in order to distinguish the facts from other facts (see, e.g., Supreme Court Decisions 2010Do16361, Feb. 10, 201; 200Do3082, Oct. 27, 2000). In light of the foregoing legal doctrine, health class, the entry of the facts charged in the instant case is sufficiently specified in the date, time, place, and method, and is so specified as to the extent that there is no possibility of confusion with other facts.
Defendant
In addition, even when examining the purport of his defense counsel's assertion, since it does not obstruct the defendant's exercise of his defense right, such as confusion as to the specific facts subject to the facts stated in the facts charged in the instant case or as not knowing the facts subject to it, the defendant and his defense counsel's assertion that
B. Determination on the assertion to deny the instant crime 1) As evidence that conforms to the facts charged in the instant case, the second evidence is admissible.