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(영문) 대구지방법원 2013.07.26 2012고합1313
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant shall be innocent.

Reasons

1. The Defendant, around April 2012, committed an indecent act on the part of the victim E (in the vicinity of the Dcafeteria located in the Daegu-gu Seoul Metropolitan City, and the victim E (in the 3 years of age) and E (in the panty), who is his/her mother, was placed on the victim, placed his/her hand on the panty seat, and forced the victim under the age of 13, who was under the age of 13 to talk with his/her fingers with his/her fingers.

2. The defendant and his defense counsel asserts that there is no fact that the victim had committed indecent act by force from the investigation stage to the investigation stage.

3. In determining the credibility of a statement made by a sexual indecent act victim in the prosecutor's office, considering the fact that the child's sexual indecent act victim, which was submitted as evidence of determination, is highly crypology by the questioner, and that there is a possibility that confusion about the situation and reality of the child or the source of the content can not be properly perceived, the child's age should be examined, how much the child's age is, how much the child's statements were made after the lapse of the time of the occurrence of the case, how the guardian or investigator who first heard the child's damage in the process from the time of the occurrence of the case to the time of the occurrence of the statement after the occurrence of the case, or inducing a specific answer through repeated interrogation, etc., whether there is room for changing the child memory. Whether the statement was repeated, which is not affected by the questioner at the time of the statement, whether the child's statement was affected by the interviewer, what kind of statements were made in the court, and whether there is a extensive description of the content and content of the case.

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