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(영문) 서울서부지방법원 2014.10.17 2014고합1
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a non-permanent employee, and the victim C (C, 14 years of age, women) was enrolled in the third grade of the Seoul Foreigners' School in the United States, and was unaware of each other.

On October 15, 201, at around 20:20 minutes before the hotel in Yongsan-gu, Yongsan-gu, Seoul, the Defendant committed an indecent act by force on the part of the victim, i.e., “Imera g g g h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, h h h h h h, h h h h h h h h

2. Determination

A. 1) Although a document stating a statement by a person other than the defendant, such as a statement of a witness, was not proven by the statement made in the courtroom, the admissibility of evidence is to be recognized pursuant to Article 314 of the Criminal Procedure Act, it constitutes a case where the person who made the statement is unable to make a statement in the official ruling due to his/her death, illness, foreign residence, unknown whereabouts, and other causes corresponding thereto, and the preparation of the document must be proved to have been made under particularly reliable circumstances. Here, the term "foreign residence" in this context is insufficient only to the fact that the person who made the statement is in a foreign country, and there is a circumstance where the person who made the statement is unable to appear and make a statement even if he/she satisfies all reasonable means (see, e.g., Supreme Court Decisions 2001Do566, Mar. 26, 2002; 2007Do1004, Feb. 28, 2008; 2011Do1213, etc., of the victim police record as evidence.).

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