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(영문) 부산지방법원 동부지원 2015.07.03 2014고합203
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The defendant shall be innocent.

Reasons

1. On June 5, 2014, at around 20:50 on June 5, 2014, the Defendant suggested that the Defendant be able to receive an inner phone from the victim C (here, 16 years of age) who was aware of his/her knowledge and met with the victim E located in Suwon-gu, Busan around 21:30 on the same day.

The defendant wanted to drink the victim by drinking alcohol as the victim did, but the victim refused to do so, followed the victim's refusal to do so, and followed the victim by drinking the same alcohol to the victim again, and changed the victim to Gelel located in Suwon-gu F in Busan Metropolitan City around 22:10 on the same day.

The Defendant, at the above Gel 302, she feld with the victim, she was off, and feld with the her mouth after drinking the alcohol together with the victim, she was feld with the two legs and necks of the victim who she was sitting in the bed, forced her to put the victim into the bed, she was feld with the victim's hand, she was discharged from all the clothes of the victim, and the Defendant was also exempted from all the clothes.

피고인은 위와 같은 상태에서 피해자로부터 “하지 말라 무섭다.”는 말을 들었음에도 피해자에게 “이건 못 참는 거다, 한 번만 하자.”고 말하고 입으로 피해자의 가슴을 빤 다음 피해자의 음부에 피고인의 성기를 삽입하였다.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

2. Determination

A. The gist of the assertion is that the Defendant consistently had sexual intercourse with the victim from the investigative agency to the instant court did not exercise any fact or power, and sexual intercourse was committed under mutual agreement and denied the instant facts charged.

B. In a criminal trial of the relevant legal doctrine 1, conviction should be based on evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, so that the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to.

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