성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
From the end of December 2008, the defendant was living together with the mother D of the victim C (a person, a woman, 16 years of age) from the end of December 2008.
On July 28, 2014, the Defendant: (a) around Kimpo-si, Kimpo-si, 209-dong 101-dong 201, and (b) around 13 years old, the Defendant entered the victim (e.g., the knee) who wants to sleep by taking knee in the house of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and met with the victim’s sound records.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and C;
1. A report on investigation (the confirmation of the cell phone cover of a complainant);
1. Determination as to the defendant and his defense counsel's assertion of metaology, F dialogue between D and the victim
1. The defendant does not commit an indecent act against the victim as stated in the facts constituting the crime in the judgment.
2. Determination
A. The Defendant denies that there was no indecent act by force against the victim as stated in the facts constituting the crime in its ruling since the investigative agency, to the present court. Among the evidence submitted by the Prosecutor, the victim’s statement is flexible, and other evidence is merely based on the victim’s statement or is insufficient to recognize the above crime. Thus, the issue of the instant case is whether the victim’s statement is reliable or not.
B. In full view of the following circumstances revealed by the evidence duly adopted and examined by this court, the victim’s statement is sufficiently reliable and thereby can be recognized as an indecent act by force against the victim, such as the defendant’s facts constituting a crime. Thus, this part of the assertion by the defendant and the defense counsel is not accepted.
1) The victim’s statement is consistent with the main part of the statement, its contents are specific, and the contents are particularly contradictory or unreasonable in light of the empirical rule.