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(영문) 서울서부지방법원 2013.07.22 2013고합96
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The Defendant, at around 12:30 on January 2, 2013, committed an indecent act by force against the victim, who is a child or juvenile, by discovering the victim G (17 years old, female) who was seated on the side of the road when the road near the E Station located in Seodaemun-gu Seoul, Seoul, was getting on and off a village bus, resulting in a sudden desire for them, and by inserting the victim’s own hand into the bee part of the victim, and preventing the victim from resisting.

B. The Defendant of the facts charged alternatively changed

The victim discovered the time, place, and side fucks of the port, and there was a sudden desire to do so, and the victim's bucks and negative parts of the victim's bucks were used to commit indecent acts against children and juveniles by using the state of her failure to resist.

2. The Defendant asserts to the effect that, consistent from the police investigation stage to this court, the Defendant asserted to the effect that, “In the course of the instant case, he was sitting down in the back of the village bus at the time kneee and left the door, his body was cut down rapidly on the wind of the bus, and that, in that process, knife hand hand knife knife knife knife knife knife knife knife knife knife knifss

3. Determination

A. “After the suppression of the victim’s resistance (this first charge) that the Defendant was seated on the side of the bus, the Defendant committed an indecent act against the victim by taking advantage of the victim’s state of failing to resist ( alternatively changed charges), or by taking advantage of the victim’s state of failing to resist ( alternatively changed charges), the victim’s statements in this case and in the police need to be made as evidence that seem to correspond to each of the charges of this case.

B. However, considering the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the victim’s statement seems to conform to the facts charged is erroneous or misleading.

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