(영문) 서울중앙지방법원 2013.06.13 2012고합1517

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(영문) 서울중앙지방법원 2013.06.13 2012고합1517

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)

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The defendant shall be innocent.

Reasons

Ⅰ Summary of the facts charged

1. At around 15:00 on the lower day of July 2004, the Defendant, at a small room in the outer third village located in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) carried out a computer and the victim D (the age of 10 at that time) who is a student of this type of private village and the victim’s bridge, divided the victim’s bridge into the defendant’s bridge; (b) forced the victim to her panty, her hand into the victim’s panty, her hand into the victim’s panty; and (c) inserted the victim’s fingers several times within the victim’s quality.

By doing so, a minor victim under 13 years of age was forced to commit an indecent act.

2. On August 2004, the Defendant committed an indecent act by force against the victim, who is minor under the age of 13, by making soup and making soup in the vicinity of the Suwon-si, Suwon-si, Suwon-si, the lower court held that the said victim (the said victim 10 years of age at that time) and the television would be collected by drawing up the victim’s own drafting, putting the hand into the victim’s panty, putting the hand into the victim’s panty, putting the hand into the victim’s panty, putting the hand into the victim’s panty, and putting the victim’s hand into the victim’s sexual organ by taking the victim’s hand into the victim’s sexual organ.

Ⅱ H. H. H. H. H.

1. Among the evidence submitted by the prosecutor as corresponding to each of the facts charged in the instant case, the remaining evidence, i.e., the victim's investigative agency and the statement in the F, G, and H investigative agency and this court, etc. are based on the victim's statement. As long as the victim appeared in this court and stated in this court, it is not sufficient to view the victim's admissibility as evidence or its own alone as evidence to acknowledge the facts charged. Accordingly, the victim's investigative agency and the court's direct evidence to acknowledge each of the facts charged in the instant case are concerned.

Therefore, the issue of this case is whether the victim's statement on the facts charged is reliable or not.

2. Each of the facts charged in the instant case in light of the following circumstances revealed by the evidence adopted and examined by this court.

유사 판례

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