성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On December 13, 2012, between 16:30 to 17:20 on December 13, 2012, the Defendant: (a) at the Defendant’s residence in the north-gu E apartment 107 Dong 103, the Defendant, along with the Defendant’s wife, sent the Victim F (F, 4 years old), G (n, 4 years old), H (n, 4 years old), I (n, n, 4 years old), and I (n, 4 years old) with the Defendant’s wife, having the victims go out of her own fry and panpanty, and had the victims go out of her sexual organ and immediately enter the Defendant’s sexual organ.
Accordingly, the defendant committed indecent acts against victims under the age of 13 by force.
2. The summary of the defendant's and his defense counsel's assertion did not commit an indecent act against the victims as stated in the facts charged.
3. Determination
A. In determining the credibility of a statement by a child victimized by sexual indecent act, submitted as evidence of relevant legal principles, considering the fact that the child’s age is strong in the case of the child, and that there is a possibility that the child’s appearance and reality are confused or that the source of memory is not properly perceived, the child’s age should be examined, how much the child’s age is, how much the child’s statement was made after the occurrence of the case, how much the child’s first child’s damage occurred, and whether there is room for the guardian or investigator who has heard the child’s damage in the course of the first time during the process of the occurrence of the case to the point where the statement was made, without a biased prejudice, information that is not true for the child, or inducing a specific answer through repeated newspapers, etc., whether there is repeated questions that may be committed by the questioner at the time of the statement, and whether the child’s statement was affected by the interviewer’s statement at the time of the statement, and whether the child’s statement was made by the investigating agency.