(영문) 부산지방법원 동부지원 2014.10.02 2013고합186

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(영문) 부산지방법원 동부지원 2014.10.02 2013고합186

청소년의성보호에관한법률위반(청소년강간등)

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The defendant shall be innocent.

Reasons

1. The Defendant is the first-year elementary vessel of the victim D (Inn, thirteen years of age).

On March 7, 2009, the Defendant, at around 21:00 on March 7, 2009, committed an indecent act by compulsion, committed an indecent act by force against the victim, on the part of the child play together with the Defendant’s friendship with the Defendant’s friendship, including the victim, and on the part of the Defendant, the Defendant committed an indecent act by force by force on the part of the victim, by taking advantage of the victim’s arms with his elbow.

B. On March 14, 2009, the Defendant committed an indecent act by force on March 14, 2009, at the entrance of Busan Shipping Daegu EFFG on March 14, 2009, the Defendant committed an indecent act by force on the part of the victim, after getting on and off the part of the victim, and getting on and off the part of the victim, to force the victim to commit indecent act by force.

C. On March 22, 2009, the Defendant raped on March 22, 2009, at the Defendant’s house located in Busan Shipping Daegu F, Busan, on March 16, 2009,: “On the part of the Defendant, at the Defendant’s house, the Defendant: “On the part of the Defendant’s house, she becomes aware that she is female-child, and she will be able to confirm it at our house.” When she was coming to be inside the room after she got out of the Defendant’s leakage or room, she tried to have a sexual relationship with the victim and she would be rape the victim upon her refusal; she was placed on the part of the victim’s chest; she was released from the victim’s chest; she was off the victim’s will and panty; she was unable to resist the victim’s body on the part of the victim; and she was rape by having sexual intercourse once.

2. The gist of the defendant's and his/her defense counsel's assertion may not commit indecent act by force or rape against the victim at each time and place specified in the facts charged.

3. Determination

A. Where evidence consistent with the relevant legal principles is actually the victim’s statement, and the remaining evidence is only hearsay evidence based on the victim’s statement, etc., in order to find a guilty of the facts charged by the victim’s statement only, the victim’s statement is doubtful as to the authenticity and accuracy of the statement.

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