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(영문) 수원지방법원 평택지원 2018.11.05 2018고합111
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 sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 12, 2018, from around 16:30 to 17:00, the Defendant: (a) reported the victim D (man, name, and age 8) who passed the place of Pyeongtaek-si apartment 205 front of the 205 front of the 205 front of the 205 front of the 205 front of the 205 front of the 201st century; and (b) prevented the victim from resisting the victim by her hand; (c) prevented the victim from resisting the victim; and (d) made the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s k

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. E statements;

1. Video recorded CDs;

1. Judgment on the Defendant’s assertion of innocence of expert opinion on a case involving sexual harassment against a child with disabilities

1. The summary of the Defendant’s assertion of innocence does not constitute an indecent act by force against the victim as stated in the facts constituting a crime.

The victim's statement, the only evidence consistent with the facts stated in the judgment, is difficult to believe.

2. In determining the credibility of a statement made by a child victimized by sexual indecent act, submitted as evidence of determination, taking into account how the child's age is, how much the child's age is, how much the child's appearance was the case occurred, how much the child's age was followed, how much the child's statement was made after the occurrence of the case, and how the guardian or investigator who first heard the child's damage in the course of the process from the occurrence of the case until the above statement was made, providing the child with information not facts, or inducing a specific answer through repeated newspapers, etc., whether there is room for bringing a change in the child memory. Whether there was repeated questions that may be mistaken by the questioner at the time of the above statement, whether it was not repeated, or whether it was affected by another child's statement made by the question, not by the questioner at the time of the statement.

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