(영문) 서울동부지방법원 2017.08.10 2016고합56

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(영문) 서울동부지방법원 2017.08.10 2016고합56

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 12, 2017, at around 12:20, the Defendant: (a) committed a theft of the amount of KRW 120,000,00 in the market value, which was set up and set up by the victim C, by correcting it as a key to the said place for the purpose of viewing the bank services.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of partially the police officers of the accused;

1. A written statement of C (victim);

1. An investigation report (on-site investigation) (the defendant and his defense counsel cited and moved the bicycle of this case that the defendant was placed before the bank, but this was about to interfere with the people entering the bank, and there was no intention to steal the bicycle of this case to the defendant.

The argument is asserted.

(1) However, in this court, the witness C, who was a witness, reported the Defendant to the police, while blocking the front of the Defendant, and blocking the bicycle in front of the Defendant, who was asked the Defendant as to whether the bicycle was the Defendant or not, without an answer, and leading the Defendant to the police, on the ground that the Defendant was able to see the key of the instant bicycle set up in front of the bank at the time.

In full view of the fact that the defendant stated, ② the above attitude of the defendant merely stated that he merely moved the above bicycle, and ③ according to the photograph of the scene of the crime of this case, it seems that the bicycle of this case did not significantly obstruct the passage of people, and if it was sufficient for the defendant to move a considerable distance, it can be sufficiently recognized with the defendant's intent to steal the bicycle of this case, in full view of the fact that the defendant used the above bicycle and moved a considerable distance.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

The application of legislation;

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