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(영문) 의정부지방법원 2018.05.11 2017고합334
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

Punishment of the crime

1. On October 13, 2016, the Defendant: (a) around 13:52 on October 13, 2016, the instant facts charged charged: (b) around the restaurant of “G” 1st floor near the E elementary school located in Chungcheongnam-si, Namyang-si; (c) held the victim H (name, south, and age 8) who was walking along the road; (d) held the victim’s view once, and set up the victim’s open spread; (c) held the victim’s sexual intercourse by inserting the finger with his own open ropos; and (d) held the victim’s sexual intercourse.

Accordingly, the defendant committed an indecent act by force against a minor under 13 years of age.

2. The Defendant and his defense counsel’s assertion that the victim was open to the victim, and the victim was spreaded up, and the victim was panty by inserting fingers and pantys as shown in the facts charged, and the victim’s sexual organ did not appear.

The defendant's grandchildren could have contacted the victim's sexual intercourse, but there was no intention to compel the defendant to commit an indecent act against this.

3. Determination

A. According to the Defendant’s partial legal statement, the victim’s statement recorded in video recording CDs, CCTV images taken at the time of the commission of the crime, and witness I’s police statement, the fact that the Defendant took the victim’s hand over at the time and place of the instant case, followed up the victim’s view once, and added up the victim’s open part.

B. We examine whether a son puts panty by inserting fingers into the victim's pande parter, and then the victim's sexual organ was met.

There are statements of victims in video recording CDs as evidence consistent with this part, CCTV images taken at the time of committing the crime, and police statements of witnesses I.

1) CCTV images appear on the screen and consider that the injured party pointed out his/her position two times as he/she seems to have pointed out about the spread from the Defendant, and the accused sees the victim’s view by extending the victim’s damages and losses.

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