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(영문) 인천지방법원 부천지원 2019.01.25 2018고합75
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged was as follows: (a) around 21:35 December 18, 2017, the Defendant: (b) was in Kimpo-si B; (c) was in the vicinity of C Middle School, and was under the victim D, a juvenile, who was in the vicinity of C Middle School, and was unable to care for the victim following the victim; (d) was unable to care for the victim, such as the victim himself/herself; and (e) was kid by inserting his/her hand under the victim’s right ma, putting him/her into a part of the said part; and (e) was kid by inserting one hand with the victim’s chest part; and (e) putting him/her into the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. The Defendant’s assertion does not constitute an indecent act by force against the victim as stated in the facts charged.

3. Among the evidence submitted by the judgment prosecutor, the evidence directly supporting the facts charged lies in ① the victim’s investigative agency who designated the defendant as the offender and this court’s statements, and ② the police officer E’s investigative agency and this court’s statements to the effect that the defendant made a statement to the effect that he/she led to the confession of the crime.

However, as seen below, each of the above evidence cannot be deemed as having sufficient evidence to the extent that there is no reasonable doubt as to the defendant's indecent act by force, even when comprehensively considering all the evidence and circumstances submitted by the prosecutor, which are difficult to grant credibility or inadmissible.

In full view of the following circumstances acknowledged by the evidence duly admitted and examined by this court as to the credibility of the statement by the victim, it is difficult to recognize the credibility of the statement by the victim who designated the defendant as an offender.

1. The process of identifying the defendant as the criminal in the vicinity of the place of crime after the victim was committed is as follows:

On December 18, 2017, at around 21:35, the victim reported to 112 at around 21:39 while committing a crime, and the offender reported to 3:21:35.

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