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(영문) 청주지방법원 2018.07.20 2017고합308
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

1. The Defendant: (a) around the aftermath of 201, at the Defendant’s dwelling room located in the D farm located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) made the Defendant’s relative E (here, F) with the Defendant’s friendship, and sold to the victim; and (c) “I am how we would see. . . . . we would have much what you would have?”; and (d) took the Defendant’s panty with the victim’s panty, the Defendant spath of the victim.”

2. The Defendant: (a) around the winter-up of 2014, at the living room, left the victim’s panty by inserting his hand into the victim’s panty; and (b) had the victim’s panty.

Accordingly, the defendant committed an indecent act on the part of the victim under 13 years of age who was related by blood twice.

2. The defendant and his defense counsel shall not have committed an indecent act against the victim.

When the injured person made a statement in accordance with the facts charged in the instant case at an investigative agency, G, the victim’s mother, divorced with the Defendant and obtained the victim’s right to care, he/she was sexually indecent act against the Defendant against the victim with H, the victim’s words, and the victim’s right to care.

This is because of the direction to make a false statement.

3. Determination

A. In a case where the credibility of a statement made by a sexual indecent act victim submitted as evidence of relevant legal principles is determined, considering the fact that the child’s age is strong persuasion by the questioner, and that there is a possibility that confusion between the circumstances and reality or that the source of memory can not be properly perceived, the child’s age is how much, how much the child’s statement was made after the occurrence of the case, how much the child’s guardian or investigator who first heard the facts of the child’s damage during the process of the occurrence of the case until the statement was made, and whether there is no room for changing the child memory by providing the child with a biased prejudice with information that is not a fact or inducing a specific answer through repeated newspapers, etc., at the time of the statement.

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