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(영문) 전주지방법원 남원지원 2018.10.25 2018고합4
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant was a person who operated C in heading-gun B, and the victim D (V, 14 years old) is a student of the above C.

On April 2017, at around 00:25, the Defendant reported that the victim was able to take care of the room in the accommodation of the F Community Center E located in North Korea, the lower court held that the Defendant was able to take care of the victim’s her own hand, and that she was able to take care of the victim’s clothes, and that she was able to take care of the Defendant’s hand and return back to the opposite direction, and she again laid down the Defendant’s hand with his/her clothes on the part of the victimized person’s back to the opposite direction.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. Summary of the defendant and his defense counsel

A. The prosecutor stated the date and time of the crime in the instant indictment as “0:25 on April 201, 201, the date and time of the crime, 00:25,000,000,000,000,0000 won

As it is impossible to do so, the defendant's exercise of his right of defense is seriously hindered.

Therefore, the public prosecution of this case is null and void as it violates the provisions of law as the procedure of prosecution. Thus, the public prosecution of this case must be dismissed.

B. Even if the instant prosecution was lawful, the Defendant did not have committed any indecent act by force against the victim, such as the written facts charged.

3. Determination as to whether the facts charged are specified

A. The purpose of Article 254(4) of the Criminal Procedure Act, which requires the submission of specific elements of the facts charged, is to facilitate the exercise of the right of defense by specifying the scope of the defendant's defense. Thus, the facts charged are sufficient to include specific elements in the extent that it is possible to distinguish specific facts that meet the requirements for the composition of the crime from other facts, and the "date of a crime" under the above legal provisions, should be stated to the extent that it does not conflict with double prosecution or prescription. Thus, even if the date of the crime is not specified specifically in the indictment, the above mentioned matters are stated.

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