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(영문) 대전지방법원 천안지원 2019.06.12 2017고합80
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. In 2014, the Defendant: (a) around the winter-gu, Yandong-gu; (b) the victim D (Gain, female, E) who was living in the next house at the Defendant’s residence located in the building B in the Dong-gu, Dong-gu; (c) had the victim kid in mind that the Defendant kid against the Defendant by forcing the victim to commit an indecent act by force; (d) put the victim’s hand into the victim’s inner part; and (e) exceeded the victim’s will and panty; and (e) went off the victim’s chest, and met the victim’

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

2. On March 2015, the Defendant: (a) at the place indicated in the foregoing Paragraph (1) at the victim’s foregoing Paragraph (1) 2015, the Defendant: (b) committed an indecent act against the victim by coercioning the victim’s kid; and (c) stated that the Defendant’s hand was “I knife, knife, knife, and knife”; and (d) placed the victim’s hand into the victim’s pan

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

3. On March 2015, at the place indicated in the above Paragraph 1, the Defendant: (a) committed an indecent act with the victim’s intent to force the victim to appear and enter the place; and (b) stated that “I will give money to the victim once”; (c) the Defendant’s hand was put into the victim’s panty, and the victim’s sexual organ was several times.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A statement made by the victim in D containing the victim's statement recorded in the CD (2 5 pages of investigation records);

1. The police statement concerning F;

1. Determination as to the assertion by the defendant and his/her defense counsel in the G’s statement analysis expert opinion and the statement analysis result

1. The gist of the assertion is that the accused does not commit an indecent act against the victim by doing an act as stated in its reasoning.

2. Determination

A. According to the evidence, the following circumstances are acknowledged.

(1) The victim shall be a counseling teacher of an elementary school attending the first police officer on April 2015 concerning the facts of the damage in this case.

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