2010Gohap339 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age)

Adult Rape, etc.) Act on the Protection of Children and Juveniles against Sexual Abuse

Violations

Kim 00 (710606 - 1), pastors

Residence Incheon -

Reference domicile Seoul.

Gabrey

Attorney Hun-young

August 12, 2011

The defendant shall be innocent.

The summary of the judgment of innocence against the accused shall be published.

1. Indecent acts by force on May 2008 by force on the part of the victim 99;

A. Summary of the facts charged

The Defendant, from May 2008, 17:00 on Sundays 17 to June 1, 200 of the same year, committed an indecent act against the victim under 13 years of age by committing a sudden desire of the victim while the victim was living together with the Defendant’s mobile phone at the Yan church room located on the Yan branch, where the Defendant: (a) mixed with the Defendant’s mobile phone; (b) 99 years of age; and (c) 11 years of age; and (d) 13 years of age.

B. Determination

The evidence as to the above facts charged includes each statement at the investigative agency of 99 and this court, the maximum of 98, the maximum of 97, 96, 95, 94, and 193, and the submission of evidentiary materials by the complainant (1 right 693 pages of investigation records by the prosecution). In light of the following circumstances acknowledged by each evidence duly adopted and investigated by this court, each of the above statements by the complainant is difficult to believe, the remaining evidence alone is insufficient to recognize the facts charged, and there is no other evidence to prove it otherwise.

(1) At the time of the instant case, the defendant was found in the process of mixing the complainant, and the defendant was found in the process of leading the complainant out of the infant room, leading the complainant out of the infant room and leading the complainant out of the infant room, as shown in the image of the church photographic photographic photograph of the baby (police investigation record 3:60 pages of the police investigation record), so if the defendant committed an indecent act among the above columns, the defendant was found to have committed an indecent act, and the witness was sufficiently 96, 98, 97, and 97.

However, in the prosecutor's office, he only stated that the complainant was mixed by leaving the kis or leaving the kis, and that the skis or kisscing the kis, the 198 person stated that the skis or kiscing the skis of the complainants, but the 198 person stated that the skis or kiscing on the skis of the complainants, but in the next investigation, the skis or kiscing the skis, the skis and stated that the skis and the skis the skis were well aware that the skis and the skis skis were kisced, and the skis 97 person was also seen as the skiscing of the skis.

(2) During the first investigation of the police, the complainant stated that he was suffering from the above damage on his oil on June 2, 2008, but the defendant submitted to the police the record of entry into and departure from the Republic of Korea from the country from June 2, 2008 to August 30 of the same year, and then reversed the statement that the time of the crime was the first week on May 2008 at the last week of the same year.

As to the background leading up to the reversal of the statement, the complainant stated that he was slick clothes because he was slicking, and thereafter, the prosecutor's investigation was conducted by the prosecutor. Furthermore, the complainant's father, as evidential materials, sent a white half-pact slick slick slick slick slick slick slicks, slick slick slick slick slick slicks, slick slick slick slicks, slick slick slick slick slick slick slicks which the complainant was entering at the time, and it is very rare that the contents of his memory are more clear, and that the period of crime can be specified in detail through clothes that he stored.

Rather, through the record of entry and departure of the accused, there is a strong doubt as to whether the time of crime is specified, and accordingly, the complainant's uniforms are not affected.

(3) In the first investigation of the police, the complainant did not look at himself at the Defendant at the time of the instant case. However, the prosecutor stated that the Defendant was even even when he was in his hands, etc., and that he was drinking, and that the prosecutor made a statement that the Defendant was still in his hands, and that the statement was not consistent, and that the statement seems to have been endeavored to exaggeration his damage.

(4) The complainant continued to be present at the above church even after the instant case, and the defendant was in close friendly with the defendant without a separate gate, and the dispute arises between the complainant's parents (including the 95, 94 members of the above church including the above church, and some members of the above church including the above church, and only when the above members wish to file a complaint against the defendant through fraud, embezzlement, etc., the complainant became aware of the above indecent act in its surroundings, and the complainant stated consistently with the investigative agency that the defendant will be removed from this world by taking the death penalty against the defendant, and that the complainant will be removed from this world, without disclosing the above indecent act for more than one year, even though the defendant had a strong decentralization.

It is difficult to easily understand the fact that the defendant appeared and that he/she has friendly with the defendant.

Meanwhile, in relation to the reasons why the complainant revealed in the prosecutor's office that the defendant was bad in relation to the reason why the complainant made an indecent act, the complainant stated that he was the mother, and that some of the members such as the complainant's parents stand the defendant after the dispute, and that there is sufficient possibility that the negative evaluation of the members of the defendant's against the defendant had influenced the complainant's statement.

2. Indecent acts by force on October 2008 by force on the part of the victim 99.

A. Summary of the facts charged

On October 2008, the Defendant committed an indecent act against the victim under the age of 13 by committing an indecent act by committing an indecent act, such as committing an indecent act against the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim, at around 17:00.

B. Determination

The evidence as to the above facts charged includes each statement of 99 investigation agency and this court, 96, 95, 94, and 93, each statement, diagnosis, and treatment set of 93, each of the above facts charged, but the contents of the facts charged were committed at a place where only 92 persons who are the defendant and the complainant are located, and the defendant denies the above facts charged, and thus, the defendant's statement of the complainant constitutes the only direct evidence as to the above facts charged. However, considering the following circumstances acknowledged by each evidence duly adopted and investigated by the court, even if it is difficult for the complainant to believe that each of the above statements made by the complainant are 11 years of age at the time, and the remaining evidence alone is insufficient to acknowledge the facts charged, and there is no other evidence to acknowledge it.

(1) While the complainant stated that there was no scam of the Defendant from the investigative agency and this court that there was no scam of the Defendant, the complainant's statement is written by the complainant on June 15, 2009, which stated that the complainant was sent the Defendant at the time of receiving a medical examination from the police first investigation on June 15, 2009, after the complainant completed the first investigation.

(2) At the time of the instant case, the complainant had the Defendant’s her husband and wife at the Defendant’s home at the time of the instant case, but the Defendant had her husband and wife in his room and her husband and her husband and her her her son and her son and her son and her son and her son and her son and her son and her son and her son and her son and her son and her son and her son and her son had her son and her son and her son to her son and her son

(3) At the time of the instant case at the police station, the complainant stated that the Defendant entered the white mergs and the mergnibs at the time of the instant case, and that himself was suffering from the Manibs and Manibs. In the inspection, it is insufficient to accept that there was a lack of consistency in making a statement that he was suffering from the lubs and lubs, and that the time when the complainant alleged was somewhat riceed for about 10 months, and that the lubs and labs and labs were labed.

In addition, the complainant argued that he was damaged by the defendant's inside the house located on the fourth floor of the Yol church at the 5 to 6:00 o'clock, and that the above fourth floor is a place where the children of the defendant live in his family, and Sundays is a place where the members of the above church that the defendant was employed as a pastor, and Sundays is a day on which the members of the above church that the defendant was employed as a pastor, and in particular, at 7:00 p.m., the defendant directly runs on the day of the last church, and he did so with the members before that day, so it is very unusual that the defendant was playing with the complainant and his father with the clothes in the above temporary place.

(4) As seen earlier, as examined in relation to an indecent act on May 2008, the complainant did not disclose the above indecent act for a long time, and appeared at a church without any distinction from his criticism, and it is difficult for the complainant to easily understand the fact that he was friendly with the Defendant.

( 5 ) 고소인의 오빠 정96은 고소인이 위 추행 사실을 주위 사람들에게 밝힌 경위에 관하여 부모님이 피고인을 고소하여 경찰의 조사가 이루어질 무렵 고소인 , 정96 및 이 종사촌인 최98이 함께 피고인에 대한 험담을 하던 중 고소인이 ' 피고인이 침대에 고소 인을 눕히고 , 올라타서 이상한 짓을 했다 ' 는 취지로 말하였다고 진술하였다 . 한편 , 고소 인은 고소장 ( 경찰 수사기록 3권 2쪽 ) 에 피고인이 섹스를 했다고 기재하였고 , 경찰에서 이를 설명하면서 옷을 벗지 않은 상태에서 피고인의 성기를 고소인의 성기에 비볐다고 진술하였다 . 이에 비추어 보면 고소인이 자신과 가까운 사이에 있는 대부분의 사람들 이 피고인에 대하여 험담을 하는 분위기에 편승하여 자신의 부정확한 성적 지식을 동 원해 자신의 피해 사실을 과장하였을 가능성을 완전히 배제할 수는 없다 .

3. Crimes against victims Kim 92;

A. Summary of the facts charged

On May 30, 2007, the Defendant, at around 00: 00, from 91, the mother of the victim Kim92 (Inn, 17 years of age) at the Do government-dong 119, the Do government-dong 119, the mother of the victim Kim-2 (Inn, 17 years of age) completed the termination period on the chest of the victim. Upon the request of the victim, the Defendant, who attempted to perform the victim's eye, committed an indecent act by force on his/her hand on two occasions, by causing the victim's schine with his/her own desire to do so.

B. Defendant’s assertion

The defendant asserts that Kim92, the complainant of the above temporary location, refused to take an euthanasia and took a bath at the same time, etc., and that he did not meet all the euthanasia, and that he did not meet the euthanasia.

C. Determination

Of the above facts charged, the complainants and one hundred and ninety-one statements in the investigative agency and this court, and one hundred and ninety-three investigative agencies are made. However, in light of the following circumstances acknowledged by each evidence duly adopted and investigated by the court, each of the above statements by the complainants and one hundred and ninety-one of one hundred and ninety-one of one hundred and ninety-one of one hundred and ninety-one of one hundred and ninety-one of one hundred and ninety-one of one hundred and ninety-one of one hundred and ninety-one of one hundred and ninety-one of one hundred and ninety-one

( 1 ) 고소인은 경찰 제1회 조사에서 이 사건 당시 피고인이 기도는 하지 않고 무작 정 어느 가슴이냐고 물어 보면서 손을 거의 고소인의 가슴까지 댔다가 고소인이 놀라 뿌리쳤음에도 두세 번 더 고소인의 가슴에 손을 대려 하였다고 진술하고 있는바 , 위 진술에 따르면 피고인이 가슴에 손을 대려 한 적은 있으나 실제로 가슴에 손을 댄 적 은 없다는 것이다 .

In addition, the e-mail (the prosecutorial investigation record 577 pages) prepared by the complainant one week prior to the filing of the complaint concerning the instant case from May 21, 2009 does not include any content that the defendant seems to be harsh where the complainant's chest is the mother.

On the other hand, on November 23, 2009, the defendant received a summary order on the same date and time as in this case, and issued the order to summary the criminal facts that occurred in the police statement and e-mail as in this case, and the order became final and conclusive, stating that the 91 defendant, who was the mother of the complainant on the chest of the complainant, requested the complainant to take care of the defendant, and the defendant was able to take care of the defendant's chest on the ground that the complainant was able to take care of the defendant's chest, and the defendant was able to take care of the defendant's chest, and that the order was mainly issued for the criminal facts that occurred at the same time and at the same place. In the process of explaining the circumstances, the complainant stated that the defendant was frightd by the defendant in the above police statement and e-mail, and does not mention that the defendant actually taken care of the chest.

(2) However, the complainant stated that (i) the Defendant reversed the above medical examination conducted by the police, and the Defendant sent his chests twice anywhere to the complainant, and (ii) the Prosecutor stated that the Defendant her chests had taken her fingers on the chests of the complainants, and (iii) the Defendant again made a statement that the Defendant had taken her chests on two occasions in this court, and again made a defective her fingers on the chests of the complainants, and (iv) the Defendant again made a statement that the Defendant had taken her chests on two occasions, but again made a statement that the Defendant had taken her chests on one occasion.

( 3 ) 이 사건 당시 위 목회자실에는 피고인 , 고소인 및 고소인의 어머니인 한91이 함께 있었는데 , 한91은 ① 고소인이 진술을 번복한 후에 이루어진 경찰 조사에서 피고 인이 고소인의 가슴을 두 번 만졌다고 진술하였고 , ② 고소인과 함께 대질조사를 받은 검찰에서는 피고인이 고소인의 가슴에 손을 대니까 고소인이 놀래서 주춤했고 , 다시 가슴을 만지려고 하자 고소인이 손을 쳐 냈다고 진술하였으며 , ③ 이 법정에서는 피고 인이 고소인의 가슴에 두 차례 손을 댔다고 진술하였는바 , 내용에 일관성이 없을 뿐만 아니라 앞서 본 고소인의 수사기관 및 이 법정에서의 진술과 비교해 보면 그 내용의 각 단계별 변화 과정이 거의 동일하여 고소인과 사이에 진술 내용에 관하여 일정한 협 의를 한 것이 아닌지 의심이 든다 .

(4) The complainant and 191 stated that 91 did not restrain the Defendant in spite of the Defendant’s indecent act. While the complainant’s mother is able to report, the Defendant committed an indecent act against the Defendant’s chest while the complainant’s mother is under duty, and the mother did not refrain from any restraint. It is difficult to easily understand that it is, and it is not doubtful as to whether there was an actual indecent act.

(5) The complainant stated to the effect that 91 in the police either entered a wooden room and entered this later, the complainant. However, this Court stated that she entered a wooden room as one of the 91s in this Court, and that she did not have any consistency in the statements concerning the situation at the time.

(6) On May 2009, the complainant and the defendant continued to appear at the above church even after the above case and suspended attendance at the above church and filed a complaint against the defendant. On July 2008, the complainant and the defendant sent and received a multilateral e-mail with each other’s e-mail to ask the complainant’s safe mind around July 2008. If the defendant did not assault the complainant, but did an indecent act by the complainant’s chest, it is difficult for the complainant and the defendant to understand the above acts easily.

(7) Furthermore, even if the defendant had a fact that he delivered the chest as stated in the facts charged, it cannot be deemed that the defendant committed an indecent act committed an indecent act to confirm the return for the purpose of safe delivery upon the request of 91.

4. Conclusion

Thus, since each of the facts charged in this case constitutes a case where there is no proof of crime, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and a summary of judgment is publicly announced pursuant to Article 58(2)

Judges of the presiding judge shall write down the defects

Judges boarding and leaving the court

Judge Lee Associate-hoon