The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The summary of the facts charged was around 16:00 on August 22, 2010, the Defendant, in front of the restaurant of the E church located in Seo-gu, Busan, in accordance with his mother, left the victim F (V, 5 years old), who was in mixed with his mother, and her hand together with panty by inserting his hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Defendant

The Defendant’s assertion of defense counsel did not constitute indecent act by force against the victim at the time and place specified in the facts charged.

Judgment

1. The evidence related to the facts charged in the instant case contains the victim’s statement recorded in the video CD ( September 29, 201), each police statement ( August 10, 201, and August 16, 201), G’s statement in this court, the mother of the victim, and each police statement, and each police statement, as evidence consistent with the facts charged in the instant case. The victim’s statement contains the victim’s statement that the fact of indecent act was committed by the victim, and that G’s statement contains the victim’s statement that the fact of indecent act by compulsion was committed by the victim. Accordingly, the credibility of the victim’s statement is examined.

2. Determination of the credibility of the victim's statement

가. 피해자 진술 자체의 문제점 1) 추행부위에 관한 진술 피해자는 추행부위에 관하여, 처음에는 “똥꼬하고 찌찌하고 잠지”라고 진술하였으나, 마지막에 “잠지만 만졌다”고 진술하면서 질문자의 “아까는 거짓말한거야”라는 질문에 “네”라고 대답하고, “아까는 왜 거짓말했어”라는 질문에 “그냥요”라고 대답하였다. 2) 추행과정에 관한 진술 피해자는 피고인이 자신에게 뽀뽀하였다고 진술하다가, 다시 피고인이 뽀뽀하라고 하여 자신이 뛰어올라 뽀뽀했다고 진술하여 추행과정의 발단이 되는 핵심사실에 대한 진술에도 일관성이 없다.

3 The statement about the circumstances at the time of the indecent act and the circumstances after the indecent act is made 1. The defendant left her panty by inserting two descendants in his panty.