beta
(영문) 광주지방법원 2013.07.25 2013고합146

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

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

Reasons

Criminal facts

Defendant

In addition, around 19:30 on February 7, 2013, the victim E (hereinafter referred to as the "defendant") who discovered the previous laundry at the “Dlaund site” operated by the defendant at the “Dlaund site,” a victim E (hereinafter referred to as 15 years of age) who collected the laundry at the entrance of the entrance, committed an indecent act by force against the juvenile victim by making the victim’s laundry only once with her ambl, while the victim’s amblur was following the entrance.

Summary of Evidence

1. Legal statement of witness E;

1. Determination as to the Defendant and the defense counsel’s assertion on each of the legal statements of witness F and G (excluding the part without admissibility as a hearsay statement)

1. The defendant does not commit an indecent act against the victim.

There was no physical contact with the victim because of the fact that the victim was left behind the entrance at the time, and there was no physical contact with the victim.

2. The victim's statements in the investigative agency and court, consistent with the facts charged in this part of the judgment, are deemed to be reliable in light of the following circumstances, and therefore, the defendant committed an indecent act against the victim as stated in the judgment.

1) From the investigative agency to this court, the victim has consistently and specifically expressed not only the background of the defendant’s clothes in his laundry site and the details of conversations between the defendant and the defendant, but also the facts of indecent act committed by the defendant. 2) The victim resisted the defendant immediately after the occurrence of the instant case, did not want to assist the defendant, or knew about nine days after the occurrence of the instant case, and there is a strong circumstance in which the victim filed a complaint nine days after the occurrence of the instant case.

However, in view of the fact that the victim was a female student in the third year of the 15-year-old middle school, the victim may be difficult to immediately respond to the place by being ever out of a sudden situation, and the victim said the damage to the mother at night on the day of the instant case, it can be understood to a certain extent.

3. The victim.