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(영문) 대전지방법원 2015.10.14 2014고단3273

미성년자의제강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is under the high-speed relationship of the victim C.

From September 29, 2012 to October 1, 2012, the Defendant committed an indecent act against the victim, who is a minor under the age of 13, by inserting his/her fingers into the upper and lower parts of the victim (the age of eight at that time), within Daejeon-gu, Daejeon-gu, 102 Dong 303, by inserting his/her fingers into the victim’s upper and lower parts and making him/her look at.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Each legal statement of witness E and F;

1. According to the evidence duly adopted and investigated by the court of this Court, the victim's statement recorded in the statement recording CD was investigated by the judicial police at around March 14, 2014 by the victim's ONE-SOP support center for the victims of violence against North Korean Women's School, and the judicial police officer taken the victim's statement and the whole process of the investigation with a video recording device, and the victim was in the victim's trust relationship at the time the victim was in the victim's trust relationship, and the victim was present. However, upon the victim's request for withdrawal from the room, E was out of the room and the victim was investigated by the monitor room. The judicial police officer, upon completion of the investigation of the victim, sealed the original copy before the victim and the person in trust relationship, and confirmed that the victim and E were signed and sealed by the victim and the person in trust relationship. According to the above acknowledged facts, the statement recording of the victim is a video recording device recorded in accordance with legitimate procedures.

In addition, E, who was present in the investigative process, made a statement to the effect that he was present as a witness on the trial date and viewed the contents of the video recordings contained in the above statement recording CD, confirmed the image and voice of the video recordings, and recorded the contents of the statement as stated by the victim. The victim’s statement recorded in the above statement recording CD is duly authenticated by E’s statement as a person in a fiduciary relationship with which he was present in the investigative process on the trial date.