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(영문) 수원지방법원 평택지원 2014.06.25 2014고합17
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 14:00 on September 28, 2013, the Defendant: (a) reported that the victim E (the 9 years of age) living in the front of the Defendant’s house in the D Park located in Pyeongtaek-si C was playing on the seat tower installed in the said Park; and (b) subsequently, the Defendant committed an indecent act by force against the victim, who is a person of less than 13 years of age, by putting the victim’s bucks down with bucks located in the said Park by hand.

Summary of Evidence

1. A statement made by the witness F in this Court;

1. The statement of the victim recorded in the video CD;

1. Entry of stenographic records in the statement of a victim in the preparation of the G;

1. Determination on the assertion of each video defendant and defense counsel in field photographs

1. The summary of the claim is that the Defendant only knife the victim’s bucks on the left and left by knife the victim’s bucks, and there is no fact that knife the victim’s bucks, or knife

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the victim appears to have little intellectual ability compared to those of the children, but the investigative agency directly and specifically viewed that the defendant himself/herself had a buck in the form of his/her own buckbucks, while the defendant directly and specifically stated his/her own bucks to the effect that he/she prevented the defendant from committing a crime by directly keeping his/her bucks out, and the victim immediately after the crime was reported to the police, immediately after the crime, was reported to the police, and thus the victim's statement is unlikely to be distorted by a third party, such as his/her guardian, etc., and there is no possibility that the victim's statement might be distorted. Accordingly, the fact that the defendant committed an indecent act by force can be sufficiently recognized as recorded in the crime in the judgment.

3. According to the conclusion, the above assertion by the defendant on the part of the defendant is rejected.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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