Text
Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2020. 5. 7. 18:00 경 대구 서구 B 소재 ‘C ’에서 어깨 운동을 하던 중, 그 인근의 윗몸 일으키기 운동기구에 누워 있던 피해자 D( 여, 6세) 이 친구와 키즈 카페 놀이를 하는 것을 보고 피해자 옆으로 다가간 다음 피해자에게 “ 여기 키즈 카페 아니거든” 이라고 말하고 손으로 피해자의 왼쪽 가슴을 문지르듯 만졌다.
Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.
Summary of Evidence
E Statement protocol of police statement for E
1. D's statement and stenographic records recorded in a video product (ROM);
1. Each internal investigation report (Evidence Nos. 2 and 3), each investigation report (including evidence list Nos. 14, 17, 19, attached materials) 【The Defendant hambling the victim's right and brought the second fingers to the victim's right side by the park, and did not have any fact that the victim's chest did not appear. However, in light of the following circumstances acknowledged by the evidence duly adopted and duly investigated by this court, the Defendant complained of the facts of the damage, namely, ① the victim complained of the victim's mother in the vicinity immediately after the case, and clearly explained the fact of the damage while putting the victim's chest at the time, ② the victim clearly stated the same content in the police investigation conducted six days after the occurrence of the case, ③ the victim's statement made by the victim's external factors, and ③ the victim's statement was interfered with the victim's memory or the victim's false statement made by the victim.
The fact that it is difficult to see, 4. The victim did not have any reason to pay a false damage to the defendant who first met in the park, 5. The victim-friendly Gu, together with the victim at the time, sent the victim's chest to the victim's mother, and the defendant made a false statement.