성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
A defendant shall be punished by imprisonment for five years.
The information on the accused shall be disclosed through an information and communications network for seven years.
Criminal facts
On June 22, 2005, the Seoul High Court was sentenced to a suspended sentence of four years and six months for rape, injury, etc.
On March 201, the Defendant: (a) was the mother of the victim D (Woo, 8 years of age), and (b) took the Defendant and related persons E, who were involved in the Defendant, off the clothes to the victim who was locked away; and (c) took them back back back to the victim; and (d) put the Defendant’s fingers into the sound part of the victim.
Accordingly, the defendant committed an act to put the fingers into the victim's sexual organ under 13 years of age.
[Judgment of the court below] The defendant committed a sexual crime against a minor under 13 years of age, and committed a sexual crime on two or more occasions, and there is a risk of repeating a sexual crime.
Summary of Evidence
【Criminal Facts in the Market】
1. Part of the prosecutorial statement and police statement of the defendant (including the statement that the defendant is aware of the victim who covers the objection, and the body of the victim who is off his/her house in the process may contact his/her house);
1. Legal statement of witness E;
1. An expert opinion on child sexual assault case;
1. Recording records of victims;
1. Although the victim’s statement recording CD Defendant and defense counsel denies the similarity, the victim’s statement is detailed and specific, and there is no inconsistency with the victim’s statement E, the victim’s mother who became aware of the damage immediately after the crime.
On the other hand, since the victim's statement does not appear to be false, the credibility of the statement is recognized.
F, which is an expert in the statement analysis of child sexual assault cases, judged that the credibility of the victim's statement on criminal facts is high.
Although there is a somewhat unclear part of the victim's statement about the date and place of crime, this case is damaged by the police.