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(영문) 창원지방법원 2015.09.24 2015고합74
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged reveals that the Defendant became aware of the Victim E (n, 16 years of age) who is the natives of D through the introduction of his pro-friendly job offer D, and from May 20, 2014, the Defendant sent contact from around May 20, 2014. On May 30, 2014, the Defendant used the victim’s sexual intercourse with the victim by using the victim’s refusal to resist, even though the victim had expressed his/her refusal in singing in the singing room with the victim on the first day.

From around that time, the Defendant continued to contact the victim with him to return to the victim, but the victim did not comply with the request of the Defendant while avoiding contact.

Accordingly, the Defendant continued to threaten the victim to “I would die with the Fer’s male-child arrest F and the width’s friendship.” On June 21, 2014, the Defendant: (a) prevented the victim from resisting by threatening the victim to “I would die with Fran G within the second floor of the H building of Changwon-si, Changwon-si, by threatening the victim to “I would die with Fran G; and (b) sexual intercourse with the victim once.

2. Although the Defendant and his defense counsel had a sexual intercourse with the victim at the time and place stated in the facts charged, the Defendant did not threaten the victim as stated in the facts charged at the time of sexual intercourse.

3. In full view of the following circumstances acknowledged by the records on the market, it is insufficient to recognize that the evidence submitted by the prosecutor alone was insufficient to acknowledge that the defendant was unable to resist by threatening the victim as stated in the facts charged at the time of sexual intercourse with the victim, and there is no other evidence to acknowledge this otherwise.

The most essential evidence supporting the facts charged in this case is the statement of the victim that conforms to the facts charged.

Although the victim made a statement to the effect that it corresponds to the facts charged in the police investigation and this court, there are many circumstances to suspect the credibility of the statement as follows.

(b) The victim is the suspect status as of July 24, 2014.

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