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(영문) 의정부지방법원 고양지원 2015.06.26 2015고합3

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Each legal statement of C, D, and E;

1. Determination on the defendant's written statement of each police officer against D and E and his defense counsel's assertion

1. The defendant did not have committed an indecent act by compulsion against the victims.

The victims suggest that the defendant was informed of the victims who are minors, and that the defendant was willing to return accommodation expenses from the defendant, and reported to the police by the defendant, and that the defendant was informed of the minor from the police officer who called out, and that the defendant was forced to commit indecent acts by compulsion at the late time after hearing that it was not illegal to give the minor's care from the police officer who called out, there is no credibility in the statement.

2. According to the following circumstances acknowledged by the above evidence, the victims’ statements can be acknowledged as credibility and the facts of indecent act by compulsion of each of the instant cases are not accepted.

The victims make a concrete and detailed statement about the date and time of the indecent act by force of the victim, the place and method of the crime, the situation before and after the crime.

The contents of the statements by the victims are specific, but they are difficult for the victims to state or express their statements without direct experience, as well as are consistent with the basic purpose of the statements. There is no unreasonable or contradictory part of the statements in light of the empirical rule.

B. Comprehensively taking account of the following various circumstances, the situation of the victims, and the circumstances before and after the instant crime, etc., the victim D returned to Furcing even after the instant indecent act as indicated in the judgment by the victim D, and the victim E did not prevent the victim E from coming to Furcing. The victims strongly expressed that the victims were forced to return to Furcing expenses 20,000 won without immediately reporting each indecent act after the indecent act, but the indecent act by compulsion was not considerably problematic.