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(영문) 전주지방법원 2018.01.18 2017고합62
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the father and father of the Victim C (V, 11 years old).

From September 2015 to November 2015, the Defendant: (a) at the Defendant’s residence located in Seojin-gu DJ 201 of Jeonjin-gu, Jeonjin-gu; (b) around 201, at the same time, the Defendant opened a coke at the beds located in the Defendant’s living room; (c) opened a panty with the Defendant’s back, and opened a television, and opened a television, and opened a panty with the Defendant’s side; and (d) opened a panty with the victim’s panty in which TV was reported; and (d) around that time, the Defendant dhhhhdddddddddddddddddddddddddddddddd

Accordingly, the Defendant committed an indecent act on the part of the victim, who is a relative under 13 years of age, on two occasions.

2. Determination

A. The main evidence submitted by the prosecutor to prove the facts charged of the instant case was written in the investigation agency of C to the effect that it conforms to the facts charged. In addition, the counseling records recorded by C at the school, counseling records recorded by C, counseling records recorded by C in a specialized child protection agency, and the statement analysis report on C’s statement that C’s statement can be trusted, and written opinions of child sexual assault experts were presented as evidence.

B. However, in full view of the following circumstances revealed by the records of the instant case, the evidence produced by the prosecutor alone was sufficiently proven based on reliable evidence to the extent that there is no reasonable doubt as to the facts charged of the instant case.

It is insufficient to view it.

1) The statement of C made by the Defendant, as stated in the facts charged, that the Defendant put the hand into one’s own panty and became sound, can be reliable.

A) C) At the fourth grade of an elementary school, C said that the sex period is H.

In fact, the school requested counseling teacher E in consideration of C's family environment and emotional sentiments (EM page 2 pages), and C in the course of counseling from September 10, 2015, the defendant complained of his or her friendship without making any particular report to the defendant.

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