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(영문) 광주지방법원 2015.09.09 2015고단2846
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 27, 2015, around 14:00 to 15:00, the Defendant, at the entrance paths of the second floor toilet in the Hanam General Social Welfare Center located in the Masan-dong of Gwangju Mine-gu, the Defendant, on his own hand, seems to see that the Defendant left the right chest of the victim on his own hand with the victim’s own hand, while, in the direction of the second floor of the toilet for the victim C (n't, nine years of age), Da and the part over the victim’s Titts.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C stenographic records of the victim;

1. The written opinion on the case of sexual assault against a child of 9 years of age [the defendant asserts that the defendant's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

A) According to the written opinion of the case on sexual assault against a child of 9 years of age, there is no other motive or motive for reporting a false fact, and there is a consistent description of the fact of damage, a detailed description of the fact that was committed between the victim and the perpetrator has been made, and a detailed statement of the fact is made significantly in relation to time and situation characteristics, and the content of the conversation between the victim and the perpetrator and the offender and the content of the victim’s subjective recognition status is included, so credibility can be acknowledged in the victim’s statement subject to stenographic records. Accordingly, the victim’s statement and the other defendant’s above assertion are not accepted).

1. Articles 305 and 298 of the Criminal Act applicable to the crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed to attend lectures;

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