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(영문) 인천지방법원 부천지원 2017.03.24 2017고합17

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2016, at around 17:15 to 18:00, the Defendant got the victim D (in this case, 6 years of age) from the Plaintiff, who she was on the ground of his/her her her her her her her her her her her her her her her her her her herth herth herth herth herth herth herst herst herst herst herst

The defendant salved the victim before her salves, and she salved the victim by using both arms, and her salves by hand.

Accordingly, the defendant forced the victim under 13 years of age to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made by the victim and the statement made by the victim in the victim's statement recorded in the video CD;

1. Each written statement E and D (the defendant asserts that the defendant's hand in the process of sparing the victim by sparing them, but that there is no fact that the defendant's hand contacted the victim's hand, and that there is no fact that the victim's sound was disturbed.

그러나 이 법원이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정, 즉 ① 피해자의 할머니가 피해자를 목욕시키면서 몸은 중요하니까 아무에게 나 보여주거나 만지게 해서는 안 된다고 설명하던 중, 피해자가 “ 깜빡했었는데 한참 전에 C 아파트 놀이터에서 놀다가 친구가 집으로 가서 혼자 그네를 타는데 경비 할아버지가 다가와서 대추를 따러 가 자며 대추를 따고 걸어서 집으로 오려고 하는데, 할아버지가 안아 준다며 겨드랑이에 손을 넣고 들어올렸는데, 성기에 손을 깊게 대더니 허벅지에 다가 문질러서 기분이 아주 나빴다.

“In the instant case, the Defendant and the victim’s mother’s statement are consistent with each other as to the following facts: (a) there was no part to doubt the motive and background of the statement in the instant case; and (b) there was difficulty in playing in the play place, which is the place where the instant case occurred before the instant case; (c) there was a consistent statement between the victim and the victim’s mother, as to the fact that the victim had no longer play place from the instant case.