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(영문) 부산지방법원서부지원 2020.08.27 2018고합260
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is referred to B, and the victim C (one-seven years of age) is a female-child group in B.

At around 03:00 on August 10, 2018, the Defendant, at the Defendant’s house located in Busan Northern District Down Studio E, had a mind to report that the victim was able to commit an indecent act by reporting that the victim was fright at the bed in the bed, with hand, the victim’s arms were met, and the victim was able to be accumulated next to the Defendant’s house and met the chest of the victim.

Accordingly, the defendant committed indecent acts by force against the juvenile victim.

Summary of Evidence

1. The statements made by witnesses C and B in the fourth trial records;

1. Investigation report (the attachment of video recording and stenographic records of a victim C) and the degree of map and stenographic records attached thereto to the victim's scene;

1. Determination as to the defendant and his defense counsel's assertion of investigation reports (absents that a suspect sent to the victim's mother and received letters) and text messages attached thereto

1. The gist of the claim is that the defendant did not commit an indecent act by deceiving the victim's chest.

The victim's statement, the sole evidence of the facts of indecent conduct, is not consistent with the issue of whether the victim was knick with the clothes, whether the defendant was blicked, etc., and the victim's statement and B's statement about the situation before and after the case are also hard to be understood formally, and there is no credibility.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the statements made by the victim, etc., and the statements made by the witness, including the victim, etc., are mutually consistent and consistent in the facts charged.

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