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(영문) 광주지방법원 2018.06.08 2018고합25
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2017, 2017, the Defendant observed that the victim C(the name, the son, the son, and the 9-year old age) are playing in the first floor of the apartment house B in Gwangju-gu, Gwangju-gu, Gwangju-gu, the Defendant followed the victim's name and became aware of the victim's name. The victim's name was changed several times, but the victim's name was changed to this case's name was changed to this case's name. However, the Defendant did not respond to the victim's name.

Where in a middle school anywhere

With the words "", the victim's chest was left by hand as follows.

Accordingly, the defendant committed an indecent act against the victim who is a child.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Video-recording CDs;

1. The defendant's photograph (including date indication), such as the 112 Reporting case processing table; and

1. Determination as to the assertion by the accused and the defense counsel on the report of internal investigation (on-site inspection, search, etc.), recording records of witness G telephone conversations

1. The summary of the defendant's and his defense counsel's assertion has a fact that the victim's name has been given several times at the place recorded in the facts of crime, but there is no indecent act against the victim.

2. Determination

A. When determining the credibility of a statement made by a child victimized by sexual indecent act submitted as evidence at an investigative agency, the child is not likely to be modified to his/her memory by taking into account how much the child’s age is, how much the child’s age is, how much after the occurrence of the case, how much the child’s statement was made after the occurrence of the case, and how much 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 statement was made after the occurrence of the case, or inducing a specific answer through repeated interrogation, etc.

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