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(영문) 서울남부지방법원 2019.02.14 2018고합436
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

Reasons

1. At around 16:00 on April 18, 2018, the Defendant found the victim C (nive, 8 years of age) and the victim D (nive, 8 years of age) that he/she intends to get stairs from the second floor of the Seoul Guro-gu Seoul Metropolitan Government B commercial building, and found the victim D by exposing his/her own hand, and continued to talk with the victim C's face, and the victim C's left chest was cut off.

Accordingly, the defendant forced victims under thirteen years of age to commit an indecent act.

2. In full view of the following circumstances revealed in the records of the judgment, each of the facts charged in the instant case against the Defendant cannot be deemed to have been proven beyond a reasonable doubt, and there is no other evidence to prove each of the facts charged in the instant case.

In direct evidence consistent with the facts charged in the instant case, the victim C’s statement of the contents of the interview with the prosecutor’s office is flexible, and the statement of the damaged part is specific and consistent, and the part that deemed to have been affected by the interviewer in the course of the interview does not appear separately, and it is difficult to readily conclude that the victim’s statement of damage was not reliable even in light of the circumstances leading up to the interviewer’s statement.

B. The Defendant consistently makes a statement of denial in an investigative agency and this court to the effect that “the victim did not have any physical contact.” The Defendant has consistently made a specific and consistent statement as to the conversation between the victims and the victims, the mutual behavior between the Defendant and the victims, etc. The Defendant’s statement is insufficient to readily conclude that the Defendant’s statement falls short of credibility compared with the victim C’s statement of the above damage.

C. There is a limit to finding out the content and witness of the instant case stated by C, which is unique to readily conclude the credibility of the statement, or the information of a standardized case or more, and the Defendant’s legal statement against the victims.

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