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(영문) 춘천지방법원 2014.09.19 2014고합21

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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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

The defendant and the victim C (ma, 11 years of age) are the death of customers in the "E" located in the Gangwon-do Incheon-gun D.

On December 22, 2013, the Defendant, at around 19:10, committed an indecent act by force against the victim’s sexual organ that he/she was able to look at the victim’s sexual organ that he/she was expected to sit in from the above “E” room.

Summary of Evidence

1. Legal statement of witness F;

1. The statement of a victim recorded in a statement video CD;

1. The police statement concerning F;

1. Each statement of G, H and F;

1. The stenographic records of the victim's protocol, the defendant and the defense counsel moved on several cases on the victim's bridge to the effect that they turn on the job, and there was no fact about the victim's sexual organ and the sexual organ became the victim's sexual organ;

Even the defendant asserts that he did not have the intention of indecent act by compulsion and did not violate the social rules.

However, all witnesses of the victim and the victim's relatives consistently agreed with each other, and the defendant met the victim's sexual organ. The defendant again stated that the victim did not have any problem, such as going beyond the victim's hands, and the victim was spreaded by hand. The victim and witness F stated that the victim did not have any hand on the victim's bridge at the time of the occurrence of the case. The defendant and the victim did not know about the reason why the victim would make a false statement, and the victim did not immediately report to the police immediately after 11 death, and the defendant stated that he did not have any problem, such as not receiving an objection from the victim after leaving the hand on the victim's bridge, but he exceeded the victim's clothes at the time of the occurrence of the case."