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(영문) 대구지방법원 김천지원 2015.10.27 2015고합13
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. The facts charged and a summary of the grounds for requesting the attachment order;

A. Around 21:00 on February 15, 2014, the summary of the facts charged and the person subject to an application for an attachment order (hereinafter “defendant”) met the victim E (the victim E (the victim 13 years of age), who is a frighter for drinking together with the frighter in the D restaurant located in Gumi-si, Gumi-si. At around 02:00 on the 16th day of the following month, the Defendant and the victim 5 persons, including the victim, continue to drink into the mutual frighter in the same Dong. After the Defendant frighting most of the fright and frightening, the victim frightd while drinking together with the frighter in the frightter under the influence of alcohol, and the frighter was frighter of the victim's body, and the victim frightd and frightd the victim's frighter's her chest by force, and frightd the victim's fright.

B. The summary of the fact that the Defendant had committed a sexual crime against a child or juvenile under the age of 13 as above, and is recognized as having high risk of recommitting a sexual crime even after release in light of the background and method of the crime, character and conduct, etc.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the 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 Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.

In this case, direct evidence corresponding to the facts charged is the victim's statement, and the remainder is all the victim's statement.

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