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(영문) 인천지방법원 부천지원 2018.05.02 2018고단37
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the head of the restaurant located in Seocheon-gu, Seoul and the victim C (V, 16 years of age) is the part-time student of the above restaurant.

1. On July 2017, the Defendant: (a) followed the victim, who was working at the above restaurant, was her son, and her son was her son.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On August 3, 2017, the Defendant, from around 18:00 to 23:00, had the victim’s her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

[Defendant and defense counsel asserts that the defendant did not commit an indecent act against the victim at each time and place specified in the facts charged.

Because the defendant's intelligence is very low, it is not a person who can commit each of the crimes in this case, but has not been caught by CCTV, and even the shots did not witness it.

However, the victim took an oath as a witness in this Court, and the defendant committed an indecent act on himself at the time and place stated in the facts charged.

The detailed statement was made.

The statements about the defendant's specific attitude of indecent act, the circumstances before and after the case, and the emotional testimony and behavior that the victim sawd and sworn are consistent with all with the statements made by the investigative agency after being examined.

In any way, it is always possible to conduct an indecent act to the extent as stated in its reasoning between the victim's statement and the victim's statement, there is no part contrary to the common sense or the rule of experience or doubt.

The defense counsel asserts that the victim's statement on the date of crime is not consistent and thus the credibility of the victim's statement should be denied. However, the victim only appears to have made a statement as his/her memory because it is not clear in the limit of memory, and therefore, the credibility of the victim's statement on this ground.

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