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(영문) 서울중앙지방법원 2017.04.21 2017고합91
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2016, around 15:00, the Defendant was in charge of the victim’s left side bucks, left hand, and left part of the ship, three times, while he moved to F in Gangnam-gu Seoul, Gangnam-gu, which is a destination, to the victim’s friendly driving of the victim, including the victim C (the victim, 12 years old), on the front side of the Arash in Seocho-gu Seoul, Seocho-gu.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. C’s statements and stenographic records contained in video recording CDs;

1. C’s statement;

1. Medicine map, photograph, and telephone conversations;

1. Determination as to the defendant and his/her defense counsel's assertion of investigation report (motor vehicle inquiry, investigation into a specific suspect, a taxi downstream site, a witness G telephone investigation, a witness H telephone investigation, and a photographic attachment taken by the injured party);

1. The summary of the argument is that although the defendant was loaded in a taxi that he operated on the day of the instant case, five female students get aboard the taxi near each calendar station and get out of the back to the back of the Yeongdeungpo-si Station, it does not coincide with the victim's driving line (from the south of the river to the police line).

There is no fact that the defendant could not commit an indecent act against the victim who was seated in the front while driving a taxi, and there is no fact that the victim's bucks, knicks, kacks, kacks, or wings are stored.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the victim’s statement on the background of the damage and the content of the damage can be sufficiently reliable. The Defendant committed an indecent act by committing an indecent act with the intent to commit an indecent act while moving the victim to F in the vicinity of Gangnam Station on the day of the instant case while moving the victim to F, the Defendant committed an indecent act with the victim’s juvenile juvenile, such as bucks, handbucks, kacks, and wings.

Therefore, the defendant and his defense counsel cannot be accepted.

(1) The victim shall be “case.”

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