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(영문) 의정부지방법원고양지원 2020.09.08 2020고합67
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All defendants are innocent. The summary of this judgment shall be publicly notified.

Reasons

1. The summary of the facts charged is C-sports teachers in Gyeyang-gu, Youngyang-gu, Yangyang-gu, and the victim D (one year old, one year old) is a student of the above school.

On May 2019, the Defendant: (a) provided sports classes in C athletic fields between the Defendant and June 2, 2019; (b) brought his/her hands to the shoulder of the victim himself/herself; and (c) committed an indecent act by force against the victim, who is a child or juvenile, by holding the victim’s chest up to the chest of the victim; and (d) making the victim’s chest up to two to three times.

B. Around September 2019, the Defendant: (a) while running a club in the 1st floor C’s multi-purpose room, she spared the victim, and she sparedly committed an indecent act by force against the victim, who is a child or juvenile, under the circumstances where she spared the victim’s hand.

2. The summary of the defendant's and his defense counsel's argument and the defendant's defense counsel are prosecuted.

In relation to the crime of indecent act by compulsion by force, there is no fact that the defendant committed the same act as the facts charged.

In relation to the crime of indecent act by compulsion by force, the defendant asserts that there was no intention of indecent act by force on the part of the victim who takes the hand of the victim who gets her bonds on the right side of the victim, and that there was no fact that the victim was her bly spared, and that there was no intention of indecent act by force.

3. Determination

A. The relevant legal doctrine 1) In a criminal trial, the conviction ought to be based on evidence with probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the level of conviction, the determination ought to be based on the benefit of the defendant even if he/she was suspected of guilt (see, e.g., Supreme Court Decision 201Do15767, Feb. 13, 2014). The Defendant consistently denies the facts charged, and is guilty on the basis of the victim’s statement, the only evidence supporting the facts charged, which is the sole evidence.

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