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(영문) 광주지방법원 2016.01.29 2015고합388
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On February 17, 2015, the Defendant forced indecent act 2015 Gohap 398, the Defendant forced the victim to commit an indecent act by a dam in the victim E (19 years old)’s body in a soup room located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 05:53 on February 17, 2015.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by quasi-performance of minors under the age of 13) 2015 Gohap388, Sept. 28, 2015, the Defendant committed an indecent act by force against a person under the age of 13 by using the victim H (11)’s sexual organ at the front room of 664, G hospital located in F in Gwangju-gu, Gwangju, in front of 15 05:20 on Sept. 28, 2015.

Summary of Evidence

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. The statement made to E in compliance with the statement statement prepared by the assistant judicial police officer (the defendant and his defense counsel are limited to the defendant's body sealed by the victim E, and the other act was not committed;

The argument is asserted.

However, the defendant himself/herself recognized that there was an intention of indecent act at the time of the victim's body and that the victim's body was closely aware of the victim's body. In so doing, in a soup, it is difficult to find out the defendant's first victim's motive or reason that the victim's damage was caused by falsity or exaggeration, making a report to an investigation agency only on the part of the victim's body was able to understand, and it is difficult to make the victim's statement unless the victim's statement is specifically and directly experienced, and therefore, the victim's statement is credibility).

1. The statement of H recorded in video recording (the defendant and his defense counsel) (the defendant and his defense counsel held the sex part of H as his hand and did not reach it;

The argument is asserted.

However, the defendant himself had a part of the victim's sexual organ by hand.

It is recognized that there has been physical contact, and the victim has been diving.

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