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(영문) 수원지방법원 성남지원 2016.11.04 2016고단890
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a high-ranking relationship in the victim D (here, E birth).

The Defendant on January 1, 2011 -

2. Singing the Defendant, the Defendant, and the Victim, who was locked at the house where the Victim was living together with the Defendant, was 10 years of age, laid the victim on the floor by moving the room used by the Defendant, and putting the victim on the floor. At the moment of the instant accident, the Defendant got the victim’s clothes and bucks in the victim’s own bucks and bucks to the victim’s bucks of the victim, and she committed indecent act by inserting the fingers into several resistances of the victim.

Summary of Evidence

1. Each legal statement of witness D, G and H;

1. Copy of the prosecutor's statement concerning D;

1. Stenographic records or protocol of statement of the police about D;

1. The Defendant denies the instant facts charged in the absence of any indecent act against the victim at all, in a copy of the written confirmation of hospitalization, the medical examination and treatment fee, and the relevant criminal judgment.

However, it is difficult to view that the victim's testimony in this court and each statement in investigative agency are specific and consistent in its important part, and that the victim made a false statement without experiencing experience about the indecent act, such as the statement in the crime, as indicated in the judgment. As pointed out by the defense counsel, there are some ambiguitys or changes in the victim's statement in the frequency and time of the crime, degree of pain, etc., but at the time of the instant case, the victim was divingd.

In light of the fact that the victim was a situation, the age of the victim, the date and time of the crime, the interval between the victim's statement and the time of the crime, etc., the uncertainty or change of such statement appears to be natural, and the victim appears to have no motive or incentive to make a false statement only for the defendant who has made his/her own statement even when he/she abused himself/herself, etc., the victim's statement is recognized as credibility.

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