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(영문) 수원지방법원 평택지원 2019.02.15 2018고합168

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant was aware of the victim B (the 7 years of age, the 7 years of age, the 3 years of age at the time of committing the crime) and the C religious organization through a meeting for approximately four years.

1. On January 2017, the Defendant was aware of the victim who refused to do so in the “C religious organization E” located in Pyeongtaek-si D and was faced with the face of the victim.

2. On December 17, 2017, at around 07:30 to 08:30 on December 17, 2017, the Defendant: (a) reported that the victim was seated at the first floor restaurant of “C religious organization G” located in the Gangnam-gu Seoul Special Metropolitan City F and provided meals to his/her own face to his/her will; and (b) provided the victim with his/her face in the body of the victim, even though the victim said that he/she “the victim would not have satisfed,” he/she was able to see him/her in the body of the victim.

Accordingly, the defendant committed an indecent act on a person under 13 years of age on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I (the parents of the victim above), J, and K;

1. Stenographic records;

1. A written opinion, an expert opinion, a medical opinion, and an on-site photograph;

1. Determination on the Defendant and the defense counsel’s acquittal of text messages communications

1. The summary of the defendant's assertion of innocence is that he was able to wear "the inside" and "the inside" in the victim's place near the victim's view, and there is no fact that he directly suffers from the victim's face.

In addition, there was no intention to commit an indecent act against the victim.

2. Determination

A. In determining the credibility of a statement made by an investigative agency to a child victimized by sexual assault, whether there was a physical contact with the victim as described in the facts charged, the first child’s injury is heard in the course of the occurrence of the case, taking into account the following: (a) the child’s age is how much the child was born, how much the statement was made after the lapse of the time of the occurrence of the case, and how the statement was made after the occurrence of the case.