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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
A. The summary of the facts charged in the instant case is the parent-child of the victim C (Y, 14 years of age, and class 1 of intellectual disability).
On 2016, the Defendant d, 3* at the night or at the seat of the new wall D, 3* at the dwelling space of the Defendant, left the chest on the part of the victim who is coming back on the side, and her finger was stored into the part of the victim.
Accordingly, the defendant committed an indecent act against the victim who is a disabled person of 13 years old relative interest.
2. The judgment of this Court
A. 1) The date and time of committing the instant facts charged by the Defendant and the defense counsel’s assertion is “the time and time of committing the instant facts charged for a long-term and unspecified period,” and “the living room of the Defendant,” which is the place of committing the instant facts charged, is the space where the Defendant and the victim living together live together, and there is no statement about the frequency of committing the instant facts charged. As such, the facts charged was specified pursuant to Article 254(4) of the Criminal Procedure Act.
shall not be deemed to exist.
2) Determination A) The entry of a public prosecutor’s office should be made to specify the facts by specifying the date, time, place, and method of a crime. As such, the date and time of a crime should be stated to the extent that it does not conflict with those of double prosecution or prescription, and the purport of the law requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, it is sufficient that the facts charged are stated to the extent that it is recognizable from other facts by comprehensively taking into account these elements, and even if the date, time, place, etc. of a crime are not specified in the indictment, it does not go against the extent mentioned above, and it is inevitable to clearly indicate the facts in light of the nature of the crime charged, and if it is deemed that there is no hindrance to the defendant’s right to defense.
It cannot be seen (see Supreme Court Decision 2002Do2939 delivered on October 11, 2002, etc.).