(영문) 서울중앙지방법원 2015.12.04 2015고합887

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(영문) 서울중앙지방법원 2015.12.04 2015고합887

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

1. The defendant shall be punished by imprisonment for three years;

2. Provided, That the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive;

3...

Reasons

Around 13:00 on May 17, 2015, the Defendant was approaching the back of the victim D (W, 10 years of age) who was looking at the dust from the trees that were well frighted in Dongdaemun-gu Seoul Metropolitan Government C apartment complex, and then became aware of the victim's chest on two occasions.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. The stenographic records of each Seoul Maritime Court Center No. 11 (A stenographic records against victims) and the evidence list No. 16 (G stenographic records);

1. Each statement of E and F [the defendant and his defense counsel] stating that there was no fact behind the victim at the time of the instant case, or that the victim's chest or her chest did not appear. However, at the time of the instant investigation agency, the victim stated consistently that the defendant's chest was delivered to the victim at the time of the instant investigation agency, and not only made a consistent statement, but also made the victim's chest at the time of the instant investigation agency, in the process of making a statement, that the defendant's finger was cross-consing in front of the chest and reconsing the victim's breast, and that the defendant's finger was in contact with the victim's chest. Since the defendant was inside two arms after the victim's arm's length, the defendant's finger was inside the victim's chest. The defendant's finger could not have been accepted as the defendant's chest at the time of the instant investigation agency's assertion that the defendant's chest was applied to the above law. It is sufficiently satisfied that the defendant and the defense counsel applied the above statement.

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제7조 제3항

-형법 제53조

-형법 제55조 제1항 제3호

-형법 제298조

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