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(영문) 광주지방법원 2013.09.05 2013고합70

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

1. On July 27, 2012, from around 12:00 to around 12:30, the Defendant: (a) committed an indecent act by force against the victim D (the age six) (the age shall not fright to drink any inferior food), stating that “the victim would have fright to drink fright; the victim would have fright to drink fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright the

2. On September 13, 2012, from around 12:00 to around 12:50, the Defendant assaulted the victim by taking the victim, waiting for a public room vehicle, “the victim is frighter...............................................”

Summary of Evidence

1. A statement made in D contained in a statement recording CD;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement of E and F;

1. Determination as to the assertion of the Defendant and the defense counsel of the investigation report (Evidence List No. 5), reply (G elementary school) and defense counsel

1. The gist of the assertion was that the Defendant did not commit an indecent act or assault against the victim, and was in another place at the time of the instant case.

2. Determination

A. As to the credibility of the victim’s statement, etc., a statement made to an investigative agency of a victim and witness who conforms to the facts charged of the instant case is deemed to be reliable in light of the following circumstances (agravating facts or the judgment based thereon) revealed through each evidence investigated by this court:

1) 피해자는 이 사건 폭행 피해 당일 수사기관에 출석하여, 어떤 아저씨가 자신의 가슴을 쓸어내리거나 머리를 때리는 등 추행과 폭행을 했다고 구체적으로 진술하고, 이어서 그 아저씨의 얼굴이 빨갛고 네모나며 머리카락이 짧다고 진술하는 등 범인의 인상착의에 관하여 상세히 묘사하였다. 이러한 피해자의 진술은 이 사건을 목격한 E, F(피해자의 친구들 의 각...