beta
(영문) 수원지방법원 2015.11.05 2015고합108

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant has come several times to and from the victim E’s friendship and return to the victim’s residence.

1. On August 12, 201, at around 24:00 on August 12, 201, the Defendant: (a) stated that “I will take a bath more than Ieman; (b) I am in the toilet and I am off the part of the Defendant’s clothes; (c) I am flicked the victim’s body, which is known to the body of the victim, and flicked the victim’s body, and flicked the victim’s sexual intercourse with the victim’s sexual intercourse; and (d) I am flicked the victim’s body.

2. On October 9, 201, the Defendant, at around 21:00 on October 21, 201, had the victim take a bath at the above victim’s residence, and took the victim (the victim (the victim 10 years of age) in a toilet, and committed an indecent act against the victim in the same manner as described in the above paragraph 1.

3. On February 201, 201, the Defendant made the victim take a bath at the victim’s residence, and committed an indecent act against the victim in the same manner as described in the foregoing paragraph (1).

4. On August 6, 2013, around 21:00, the Defendant made the victim take a bath at the above victim’s residence, and took the victim (the age of 11) in the toilet, and committed an indecent act against the victim in the same manner as described in the above paragraph 1.

Accordingly, the Defendant committed indecent act by force against the victim under 13 years of age through four times as above.

2. The Defendant and his defense counsel’s assertion by the investigative agency had the Defendant take a bath from the E’s mother to the instant court, and had the Defendant take a bath three to four times. However, the Defendant merely taken a bath by using the bath month in the manner of spreading water to shower with the use of the bath month, and did not commit indecent act by force on the part of the Defendant, such as the facts charged, with the Defendant’s h and the Defendant’s sexual intercourse. The instant case is the Defendant from January 2010 to December 2013.