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(영문) 전주지방법원 남원지원 2019.02.14 2018고합33
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

Reasons

1. The summary of the facts charged was around 12:12 on July 30, 2018, at the C convenience store located in the Jeon Chang-gun, Jeon Chang-gun (hereinafter “instant convenience store”), the Defendant went back to the latter part of the above convenience store, and entered again, and the victim D (here, 12 years of age, 12 years of age, and Ga name) who was moving back before the house for the separation and removal of waste in the neighborhood, was sexually indecently committed on the part of the Defendant.

2. Although it was true that the Defendant’s grandchildren were her son while entering the convenience store of the instant case, it was merely merely a simple number of her son, and there was no fact that the Defendant partially her son’s son was her son, and thus, the Defendant did not have any intention to commit an indecent act against the Defendant.

3. Determination

A. According to the evidence duly adopted and examined by this court: ① around 12:11 on July 30, 2018, the defendant left the convenience store of this case and left it off with the entrance door side of the victim, and then moved back to the convenience store of this case at around 12:12 on July 30, 2018. ② After the defendant moved to the convenience store of this case through the above entrance at around 12:12 on the same day, the defendant's left hand had contacted the victim, and the victim immediately saw the body of the victim and saw the defendant. ③ After the defendant calculated the above stop, it is recognized that the defendant got out of the convenience store of this case, and then saw that he was able to see that he was a tree.

Furthermore, the following circumstances acknowledged by the evidence, i.e., (i) the Defendant changed the victim who was in front of the table table while moving along with the calculation, and (ii) changed the direction of the victim's own by changing the direction on the calculation unit.

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