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(영문) 서울남부지방법원 2017.05.11 2016고합243
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant: (a) around April 6, 2016, at around 23:54, 2016, drinks E and 17 years old; (b) drinks E and 203 years old; (c) drinks E and 17 years old; and (d) forced the victim of E to do so; and (c) the victim did not speak.

At the same time, the defendant's face is sealed and faced by the defendant, and the victim was placed on the bed by the bed, putting the victim on the bed, leaving the victim side, leaving the defendant in the bed, forced the defendant in the bed, cutting the victim's hand, forced the defendant in the bed, cut the chest by hand, cut the chest in his hand, and trying to breath, etc., by force.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to the judge’s conviction that is beyond reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to a reasonable conviction, the determination ought to be based on the defendant’s benefit even if

The Defendant has consistently denied the facts charged from the investigative agency to this court, and there is no direct evidence to acknowledge the facts charged except the victim’s statement on the record. Thus, in order to determine the Defendant on the basis of the victim’s statement, which is the only evidence supporting the facts charged, the credibility of the facts charged should be ensured to the extent that it is true to the extent that there is no reasonable doubt as to the victim’s statement, in light of the victim’s propriety and feasibility of the contents of the statement itself, objective circumstances, and empirical rule.

The records show the following facts.

On April 7, 2016, the victim submitted a written statement to an investigative agency around 00:5 on April 7, 2016, the right after the instant case, “I wish to see the E (the Defendant) kidsama (the Defendant) and to talk on the bottom.”

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