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(영문) 서울중앙지방법원 2018.07.06 2018고합303
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant shall be innocent.

Reasons

1. On May 29, 2017, around 08:30 on May 29, 2017, the Defendant discovered that the victim E (n, 15 years old) and E are walking along the way in front of the “D convenience store” located in Gangnam-gu Seoul Metropolitan Government, and that the victim was walked back to the victim’s side, and that the victim’s ambl with his/her own ambl with his/her own ambl.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. The defendant and his defense counsel did not have the intent to commit an indecent act against the defendant, although the defendant's satisfe of the defendant's satisfy in contact with the victim's satisfel.

The argument is asserted.

The written statement prepared by the health team and E and F concerning whether the Defendant had had the intention to commit an indecent act at the time of the commission of the indecent act is admissible, since the Defendant did not consent to the use of evidence, and the authenticity of the establishment was not recognized by the original statement, all of the evidence submitted by the prosecutor alone was inadmissible, and there was an intention to commit an indecent act on the part of the Defendant at the time.

The recognition is insufficient, and there is no other evidence to prove it.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, it is so decided as per Disposition with the decision of not guilty by the latter part of Article 325 of the Criminal Procedure Act.

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