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(영문) 창원지방법원 2018.08.30 2018고합114
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant shall publicly announce the purport of this judgment of innocence.

Reasons

1. The summary of the facts charged is that the Defendant is a student who attends the first half of the sixth grade elementary school in Kimhae, and the victim C (V, the 12 years old) is a student who attends the second half of the sixth grade in the same school.

On February 8, 2018, at around 13:15, the Defendant completed the course of study at 1st half of the 6th grade of the 4th grade of the Kimhae-si, Kimhae-si D, the fourth grade of the 6th grade of the 4th grade of the 5th grade of the 5th grade of the 5th grade of the 5th day of the 5th day of the 5th day of the 5th day of the 5th day of the 5th day after having

"Wood the victim's hand, knife the victim's hand into the six-year class, and 1-year class, and the victim was under the influence of the victim's inception to avoid entering the school.

Accordingly, the defendant forced a person under 13 years of age to commit an indecent act.

2. The summary of the defendant's and his defense counsel's assertion did not allow the victim's grandchildren to the classroom, or the victim's breath to the classroom, and there was no intention to commit an indecent act, since the victim was able to listen to the sound that the victim was 's breath' in the front of the classroom at the time when the victim was reported on the direction inside the classroom at the time, and she was able to look at the direction of the corridor, and the victim was flad with the victim's face part of the defendant's face, and there was no intention to commit an indecent act.

3. Determination

A. Article 307(2) of the Criminal Procedure Act provides that “The recognition of facts constituting an offense ought to be proved to the extent that there is no reasonable doubt.”

“.......”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach such a level that leads to conviction, even if there are suspicions of guilt, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decisions 92Do1405, Sept. 1, 1992; 2000Do5395, Feb. 23, 2001).

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