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(영문) 서울북부지방법원 2018.07.20 2018고합26
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On July 9, 2017, around 13:00 on July 13, 2017, the Defendant reported the victim D (Woo, 12 years of age) who was mixed with the victim at the crosswalk C apartment of Seongbuk-gu Seoul, and reported the victim D (Woo, 12 years of age). On the other hand, the Defendant turned down the victim’s bucks on the part of the victim’s bucks after the victim’s hand.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

2. Determination

A. Although the gist of the defendant's and his defense counsel's assertion is likely to have a physical contact with the victim during the process of leading the victim, there is no intentional indecent act against the victim.

B. In light of the fact that the victim made a specific and consistent statement to the effect that the victim was suckbucks in the date, time, and place indicated in the instant facts charged, and that there was no motive to make a false report or false statement to the victim, and that the Defendant was not memory, it can be acknowledged that there was contact between the part of the Defendant’s body and the part of the victim’s bucks at the date, time, and place indicated in the instant facts charged.

However, in full view of the following facts and circumstances acknowledged by the record, there is a lot of room for the Defendant to view that the Defendant was faced with the victim in the course of overtaking the victim by leaving the victim behind the victim in order to leave the victim's house at the time and place stated in the facts charged. The evidence submitted by the prosecutor alone proves that the Defendant had intentionally or intentionally had the intent to leave the victim's bucks or caused the victim's buckbucks to the extent that there is no reasonable doubt.

It is difficult to see it.

① According to the report on internal investigation (suspect specified as the suspect), photograph (Evidence Nos. 6, 7) the Defendant saw from the front of Seongbuk-gu Seoul apartment complex C (hereinafter “instant apartment”) to the place where the Defendant passes the front of the instant apartment at the crosswalk.

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