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(영문) 청주지방법원 2020.10.19 2020고합99
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant shall be innocent.

Reasons

1. On April 13, 2020, the Defendant: (a) around 15:40, the facts charged in the instant case reported the victim D (the name, south, and 5 years old) who purchased the four from the Heungdong-gu Heungdong-gu B apartment Cdong-dong playground in order to commit an indecent act; and (b) brought the victim into double arms by drinking the victim.

Accordingly, the defendant committed an indecent act by force against a minor victim under thirteen years of age.

2. The gist of the defendant's and his defense counsel's assertion was that the victim reported and uneasyed the form of the victim's body, but did not attract the victim's body with sexual intent, and there was no intention to commit an indecent act in light of the situation or contact point at the time.

3. Not guilty of the jury verdict: Six persons, and one person.

4. Determination

A. The relevant legal doctrine’s indecent act is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom, and whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, the surrounding objective situation, and the sexual moral sense in the era

(Supreme Court Decision 2013Do5856 Decided September 26, 2013). (B)

Judgment

According to the evidence duly adopted by this court, it is doubtful that the defendant did not commit an indecent act against the victim in light of the method and part of physical contact, the statement of the victim and witness, etc. of the victim who is the remaining victim of five years of age where the defendant her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers

However, the following circumstances revealed by the above evidence, i.e., the defendant thought that the victim was at the time was dangerous.

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