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(영문) 대전지방법원 논산지원 2015.09.02 2015고합25
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

The defendant shall be innocent.

Reasons

1. On March 25, 2015, the Defendant discovered that the victim was under the influence of alcohol after drinking with Da, E, Victim F (n, 14 years old) and drinking at the Defendant’s residence located in Da, E, and Dolla 304 at the time when the new wall was influence, and committed an indecent act against the victim, who is a juvenile in the state of non-fluence, by inserting his hand into the victim’s panty and inserting his hand into the victim’s panty.

2. The Defendant’s assertion that he/she was unable to completely memory an act of drinking on the day of his/her charge and denies the crime.

In the relevant legal principles, the burden of proving the facts charged charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true enough to have no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2010Do16413, Nov. 11, 2010). According to the police of the victim’s judgment as to the intention to commit an indecent act by failing to resist, and the statement in this court, etc., the fact that the Defendant was locked and kid by the victim at the time and place indicated in the facts charged is recognized.

However, according to the above evidence, the following facts are acknowledged as to whether the defendant committed an indecent act against the victim who was unable to resist at the time of the above act.

On March 24, 2015, at around 18:00, the victim visited CBC 203, with D (E's male-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child

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