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(영문) 부산지방법원 서부지원 2019.09.26 2019고합134
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is as follows: around 08:15 April 20, 2017, the Defendant was the victim D, who was intending to internalize at the C points of the Defendant’s operation located in Busan Northern-gu B.

K. As rhythm of using the left part of the victim’s left part in hand, and continuously rhythm of the victim’s left part in hand, the Defendant committed indecent act by force. As such, the prosecutor presented two copies of video CDs in which the victim’s statement or the victim’s statement was made as direct evidence of the facts charged in the instant case. However, the Defendant did not agree to use each of the above evidence as evidence, and as D did not recognize their authenticity in this court, it cannot be admitted as evidence without admissibility (in case of two video CDs, the victim’s statement as a video recording recording the contents of the victim’s statement and the investigation process of the victim’s sexual crime, can only be used as evidence when the victim’s statement was made in the process of preparatory hearing or trial pursuant to Article 26 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the victim’s statement recorded in the victim’s trust cannot be admitted as evidence when the victim’s statement was made by his father and his father during the investigation process.

Therefore, the police statement and two video CDs containing the victim D’s statement submitted by the prosecutor are inadmissible as evidence, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the instant facts charged, and there is no other evidence to acknowledge it.

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