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(영문) 대전고등법원 (청주) 2020.05.14 2019노235
미성년자유인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) did not admit the admissibility of the victim’s written statement prepared by the police officer, but the court below rejected the victim’s appearance in court because the victim’s failure to properly memory at the time of the instant case as a child of 6 years old at the time of the instant case and the above case itself is likely to cause mental shock to the victim, and thus, the victim’s written statement should be admissible as evidence in accordance with Article 314 of

In this context, the court below acquitted the defendant about the facts that the defendant attempted to attract the victim in full view of the CCTV video and investigation report (the result of checking the CCTV video and the victim's sideF's legal statement, but there is an error of misunderstanding of facts.

2. Determination

A. Judgment 1 on the part of the defendant's case 1) The summary of the facts charged and the summary of the defendant's vindication of the facts charged in this case are as follows: "The defendant may know about the victim B (or 6 years of age)."

On March 29, 2019, at around 17:30, the Defendant discovered the victim who was in a mixed play on the roads of “D”, “D,” a house located in the Chungcheong City C, and had a mind to attract him.

The defendant tried to attract the victim by asking the victim, "I am, where I am," and see the answer that I live in E apartment from the victim, "I am on the fourth floor of E Apartment, I am am in the fourth floor, I am in I am in the A am am. I am." However, while the victim refused to do so, I did not have the intention that I am in the wind.

I would like to say.

As to this, the Defendant consistently denied the crime from the investigative agency to the court of the trial, and the victim gets her speech to assist the victim in considering the risk of the victim's crypance in India. Since around 2017, the Defendant she was aware of the victim several times with the victim.

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