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(영문) 수원지방법원 평택지원 2015.02.04 2014고합176
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete 100 hours of sexual assault treatment program.

Reasons

Punishment of the crime

On July 15, 2014, between 17:00 and 17:10, the Defendant: (a) at the first place of residence of the Defendant, the left-hand room of the house in Ansan-si; (b) in order to see whether the Defendant is a stronger, the victim D, a dong resident, who was playing in the above house, was willing to commit an indecent act against the shoulderer in the locking of the Defendant; and (c) was placed on the victim’s own room, with the victim “ how much height would have occurred”; (d) placed the victim’s chest on the room, and (e) kid the victim’s chest, and (e) kid the victim’s chest and scar on the seat of the victim, who was under 13 years of age, committed an indecent act by force.

Summary of Evidence

1. Each statement made by the witness E and F in this Court;

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

1. Statement made by the police about D's written statement; and

1. Each entry of stenographic records made by each victim in the preparation of the G;

1. Statement of the expert opinion on sexual assault incidents against children, disabled persons, and the disabled prepared by H in the statement investigation and analysis expert;

1. A copy of the medical records of each victim in preparation of the director of the regional university hospital of the infant and each description of the certificate of disability of each victim;

1. Determination as to the assertion of each video accused and defense counsel in field photographs (Evidence No. 12-20 pages)

1. The summary of the argument is that the defendant was living in the residence of the defendant on the day of the instant case, but there was no fact that the victim was lying the victim on the floor, or that there was no fact that the victim was lying the victim on the chests and her

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., ① the victim appears to lack intellectual ability compared to the previous children, but the investigative agency directly fluorizes the appearance of the defendant's chest and her mother, while the defendant was her breast at the time when her chest was delivered.

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