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(영문) 서울동부지방법원 2016.01.14 2015고합200
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. On March 17, 2015, at around 20:22, the Defendant committed an indecent act by force by force against the victim E (the remaining and the aged 8), a child playing at the D Park located in Gwangjin-gu Seoul Special Metropolitan City, by Dacing the victim’s head from the rear and destroying the victim’s head from the rear, knifing the victim’s head, and knifing the victim’s head from the back to the knife the victim’s head.

2. Determination

A. The Defendant and the defense counsel stated in the facts charged, and at the time and place of the Defendant’s entry in the facts charged, the Defendant and the defense counsel stated that the Defendant will blick the victim with his playing.

In doing so, it is true that the victim's sexual organ was satisfyed, but the victim's sexual organ was unsatisfyed from the ship as stated in the facts charged.

However, the victim's statement in an investigative agency has a relatively detailed statement about the method by which the defendant contacted the victim's sexual organ, and the situation before and after the victim's sexual organ contact with the victim's sexual organ. The victim's statement itself is unclear or contradictory, and thus, the victim's statement in this part is credibility.

Therefore, as the Defendant used the victim’s sexual intercourse from his ship to his hand as stated in the facts charged, the fact that the Defendant met is sufficiently recognized (in addition to the victim’s statement, there is a statement in F, G, H, I, and J’s respective written statements, and F, G, H, H, H, and I’s respective legal statements, as well as each written statement.

In this regard, the J only reported that the statement prepared by it was a kind of friendship that was next to the time, and therefore there is no value of evidence in the J. Meanwhile, F’s statement is below the victim’s sexual organ, when the victim sits in the same concrete place in the park as that of the victim’s hand, and when the victim sits in the same place as that of the victim’s sexual organ, etc., the victim’s sexual organ, where the victim was his hand, etc., and G’s statement is below the victim’s sexual organ.

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