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(영문) 대전지방법원 서산지원 2019.05.29 2018고합68
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

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

Reasons

1. Summary of the facts charged

A. At around 23:00 on June 17, 2017, the Defendant: (a) received two mobile phone vacant machines with the market price in return for sexual traffic from the south of sexual purchase, which the Defendant recruited, from the public room on the third floor of Heung-gu Ba-gu Bel Cheongju-gu, Chungcheongnam-gu; and (b) assisted the Defendant to purchase the sex of a child or juvenile by allowing C (V, 14 years of age) and sexual traffic with the victim who is a child or juvenile.

B. Around 01:00 on June 18, 2017, the Defendant: (a) had the Defendant receive KRW 120,000 from the purchase price for sexual traffic on the road of the Escopic Escopic Escopic Escopic Escopic Escopic, Cheongju-si; and (b) had the victim C (the child or juvenile), who is a child or juvenile, engage in sexual traffic, arrange the purchase of child or juvenile sex.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant, even if there is doubt of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.

In addition, the aforementioned strict proof includes all the specific criminal facts stated in the indictment, and in particular, the date and time of the crime specified in the indictment is the main object of exercising the defendant’s right to defend against the defendant, so it should be recognized through strict proof, and it should not be recognized that there is proof of criminal facts on the ground that there is a probability that the defendant committed the crime in another time even though such proof is insufficient (see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 201).

As shown in each of the facts charged in this case, ① a self-written statement and statement about C prepared by the police, ②.

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