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The defendant shall be innocent.
Reasons
1. From May 2014, the Defendant committed an indecent act against the victim B (the age of 15 at that time) by using the fact that it is difficult for the victim to refuse his or her own act in the status of riding.
A. On November 2014, the Defendant, after completing the extracurricular lessons at the Defendant’s individual teaching school located in Busan Shipping Daegu Apartment C Apartment Co., Ltd., and completed the extracurricular lessons at the Defendant’s individual teaching school, was fit for the victim.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
B. On November 2014, the Defendant finished the extracurricular lessons at the places indicated in the foregoing paragraph A, and completed the extracurricular lessons to the victim himself/herself, and was off from the victim’s side, and was frightened by the victim’s chest.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
(c)
피고인은 2014년 11월 말경 위 가. 항 기재 장소에서 과외 수업을 마친 후 갑자기 피해자의 하의와 속옷을 벗기고 입으로 피해자의 배와 음부 등을 입으로 핥고, 손으로 피해자의 팔을 잡아 끌어당겨 피해자가 바닥에 쭈그리고 앉게 만든 뒤 “ 내 성기를 만지고 핥아라.
“In the end, the victim had the victim suffer from the Defendant’s sexual intercourse.”
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
2. Although the Defendant’s assertion that the Defendant and the defense counsel did the same act as the stated in the facts charged, the Defendant’s act was committed under the agreement and did not forcibly commit an indecent act against the victim.
3. Determination
A. As evidence consistent with each of the facts charged in the instant case, each police statement protocol against the victim (Evidence List Nos. 1 and 4), prosecutor’s statement protocol against E (Evidence List No. 22), confirmation of damage counseling by the Busan Sea Center (Evidence List No. 12), copy of medical record (Evidence List No. 21) is located.
(b) Each police statement made against the victim.