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(영문) 서울서부지방법원 2018.10.29 2018고합143
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On December 16, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act against the victim, who is a child or juvenile, at the entrance of the toilet in Eunpyeong-gu Seoul Metropolitan Government, on December 17:4, 2017, with the victim D (the victim 17 years old), who is a child or juvenile waiting for the child or juvenile, at the entrance of the toilet in Eunpyeong-gu Seoul Metropolitan Government, and the victim’s following side was her own hand, and the victim’s her son’s son’s son was forced by force.

B. At the time and place specified in paragraph 1, the Defendant committed assault by cutting the Defendant against the victim E (18) who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually,

2. The summary of the Defendant’s and his defense counsel’s assertion is that there was no fact that D’s her her butt will, and even if there was a physical contact, the Defendant did not seem to have committed an indecent act with intent.

In addition, the defendant does not have a tight part of E's shoulder, and even if he was pushed down, it constitutes a legitimate defense or a legitimate act.

3. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, it is difficult to find that the evidence submitted by the prosecutor alone, which the defendant committed an indecent act against the victim D at the time of the instant case, and assaulted the victim E, to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge otherwise.

① In light of the time of collision between the Defendant and the victim’s attitude at the time of the collision, etc., it is difficult to believe the victim’s statement that the victim suffered damage identical to the facts charged at the time of the collision.

② Although F, who was the witness of the instant case, deemed that the Defendant was faced with shoulder and arms, such as victim D, the Defendant did not seem to have taken her part in her hands.

Since the above F is the victim's will, the F is credibility in the statement.

(b) results of the jury verdict - Ten persons.

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