(영문) 의정부지방법원 2019.02.21 2018고합323

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(영문) 의정부지방법원 2019.02.21 2018고합323

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 15:30 on March 24, 2018, the Defendant: (a) was under the influence of distinguishing things from things or making decisions due to Albuses Dementia; (b) was under the influence of the victim C (the age of 10, female, and household name) and was under play, the Defendant was under the influence of the victim D (the age of 10, female, and household name) who was under play at the same time, and the Defendant stated that the victim D (the age of 10, female, and household name at the time) who was under play “I am back.” The Defendant was under the influence of “I am.” The Defendant was under the influence of the victim D’s own view and included the degree of fingeracy in the degree of fingera, etc. under the victim E (the age of 11, female, and household name at that time) who continued to play.

Accordingly, the defendant committed an indecent act against the minor victims under the age of 13.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Stenographic records (E - Provisional names);

1. An expert opinion on analysis of statements of children or persons with disabilities;

1. The defendant and his defense counsel asserts that there was no fact that the defendant had his hand included his hand in the victim's name playing in the playground at the time of committing the crime, and that there was no intention to commit indecent act.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court are: ① The victims clearly and consistently state their damage from the investigative agency to this court; ② The CCTV installed at the scene of the crime are sufficiently recognized as having committed an act identical to the criminal facts stated in the judgment of the defendant in light of the following circumstances: (a) the victims who were the victims in the same manner as the victims appeared in the park playground; and (b) the CCTV installed at the time was established in the scene of the crime.

Furthermore, the defendant's act in this case is not required to have a subjective motive or purpose to stimulate sexual humiliation.

유사 판례

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