logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2012.07.26 2012고합114
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

The defendant shall be innocent.

Reasons

1. On September 7, 201, the Defendant: (a) around 23:30 on September 7, 201, the summary of the facts charged: (b) at the front of the Kacheon-si C building in Gyeonggi-si, Gyeonggi-do, the Defendant was drinking in mind that the victim D (influence, 4 years of age) and the mother of the victim walked a path to force indecent acts by force; (c) the victim was fluent on the rear side of the victim’s chest, and the victim was fluent with

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

2. The defendant and his defense counsel's assertion that the defendant and his defense counsel have a fact that the victim rhyds and ruptures his head, but they do not constitute indecent act by force as shown in the facts charged.

3. Determination

A. The witness E’s legal statement, the prosecutor’s office of E, the police’s statement, and the victim’s statement recorded in the video recordings are admissible as evidence corresponding to the facts charged in the instant case.

Therefore, the issues of the instant case are ① whether the victim’s statement on the facts charged is reliable, ② whether the victim’s mother has independent value of evidence in his/her statement.

B. According to the progress records of the case, the following facts are recognized.

1) On September 7, 2011, around 11:30 on September 7, 201, the victim was the mother of the victim, along with E, in the vicinity of the building in Bupyeong-si, Seocheon-gu, Seoul, and the Defendant took an act in impruptive to the victim at the above location. The Defendant was able to write down the victim’s head due to the victim’s ear, and the victim stated that the Defendant was aware of the victim’s body (However, at the time of video recording, the investigator was able to check whether the Defendant was the victim’s body.)

The mother of the injured party asserts that the Defendant became aware of the injured party and the sexual organ. 2) E, at the time, entered F and E in police statements with the victim, E, F and F, together with F’s friendship (H) in police statements, sells alcoholic beverages.

arrow