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(영문) 청주지방법원 영동지원 2018.05.09 2017고합14
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) from December 14, 2015 to December 14, 2015, the Defendant visited the victim F’s house located in the Chungcheongbuk-gun E (V, 8 years old) to teach the victim in Korean language, education, and Chinese skills.

1. On January 4, 2016, around 17:00, the Defendant committed an indecent act on the part of the victim’s neck, on the ground that the Defendant was able to sit on the floor and make lessons on the floor. On the top of the victim’s neck, the Defendant committed an indecent act.

2. The Defendant from June 2016 to June 2016

7. At around 17:00, the above victim was able to see his hand on the upper part of the victim's upper part, while standing on the floor and making lessons on the floor, and he committed an indecent act.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. While the Defendant and his defense counsel asserted that the victim salved behind the Defendant’s person, etc., during the class of learning paper, or when the Defendant salved and salved between the bridge on which the Defendant was seated, the victim was removed and salved into the third place. However, there was no fact that the victim salved by force, such as the facts charged, led to an indecent act on the part of the victim.

3. Determination

A. In a criminal trial on the relevant legal principles, the conviction should be based on evidence of probative value that leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof is insufficient to such a degree that it would lead to conviction, the determination should be made in the interests of the defendant even if the defendant was suspected of guilt (see Supreme Court Decision 201Do15767, Feb. 13, 2014). In addition, when determining the credibility of the statement made by an investigative agency by a child who sexual indecent act committed by one of the evidence is judged, the child is highly crypted by the questioner, and is likely to confuse the commercial and reality, or to not properly recognize the source of memory contents.

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