(영문) 인천지방법원 부천지원 2016.07.15 2015고합350

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(영문) 인천지방법원 부천지원 2016.07.15 2015고합350

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2015, around 00:30 on August 23, 2015, the Defendant saw the victim E (M, 12 years of age) appearing in the front of the D public parking lot located in Bupyeong-gu Incheon Metropolitan City, and tried to commit an indecent act against the victim.

The Defendant “ was sent to the Defendant,”

I look at the word "....", the victim is moving the victim to a vehicle parked on the inside of the above public parking lot, asking the victim's age, the reason why he left the taxi, etc., and look back home, leaving the 10,000 won in cash, making the victim aware of the victim, and then having the victim aware of the victim. "................" The victim entered the victim, "...............", and the victim tried to see the part of the defendant's 's her her frith with both arms," and the victim's her frith of the defendant's frith as the part of the defendant's sexual flag, but the victim had attempted to flee.

Summary of Evidence

1. Legal statement of witness F;

1. E’s statement in video recording CDs;

1. E’s statement in the telephone recording CD;

1. An on-site forest by damaged persons;

1. Determination of the expert opinion on sexual assault cases against children or persons with disabilities on the defendant and his/her defense counsel

1. The summary of the assertion is only a fact that the victim's shoulderes, and there is no other fact that the victim's fingers, or that the victim's fingers the victim's hand into the part of the defendant's sexual flag.

In addition, the victim did not recognize that he was 15 years of age and was a child under 13 years of age.

2. Determination

A. According to the above evidence, the victim got the victim's house back to the parking lot by the investigative agency, and the victim had the victim talked with the victim at the place of the meeting, and had the victim knew about the victim while she was able to see the victim's hand, and the defect intending to see the victim's hand and see the victim's hand.

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