(영문) 부산지방법원 2016.04.08 2015고합804

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(영문) 부산지방법원 2016.04.08 2015고합804

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:30 on May 28, 2015, the Defendant: (a) on the alleyway near the parking lot of the building located in Eunpyeong-gu Seoul Metropolitan Government, and (b) on the part of the victim E (V, 11 years old) on the alleyway, reported that he was mixed with the victim; (c) borrowed the victim’s cell phone from the victim’s cell phone to the parking lot of the building located in Eunpyeong-gu Seoul Metropolitan Government; and (d) led the victim to commit an indecent act.

Around that time, the Defendant told the victim that "a mobile phone was temporarily rented off," followed the victim by using the mobile phone from the victim to the victim before the above parking lot, and caused his personal injury to the victim, and followed the victim. Then, the Defendant stated that "the victim was suffering from the lost height," and stated that "the victim was inside the parking lot that is not easily visible from the outside," but the victim did not respond to this, who led the victim "Ara" to the victim who did not respond to it, and led the victim to the victim's hand by forcing him to take the victim's hand, while the victim gets out of the play, and led the victim to the victim's relative with the victim's mobile phone after the escape to the victim's Kakaok, and then I am out the same.

“The victim sent the victim’s sexually written message, or sent the victim’s sexually explicit message to F to the victim’s friendship F, and sent the victim’s cell phone with the victim’s cell phone to the effect that “The victim’s voice is in the telecom and it is difficult for the victim to make a shower at present.”

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

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police in relation to E, stenographic records (E);

1. Protocols of seizure and list of seizure (No. 9,10 No. 10);

1.A report on occurrence (thief), each report on internal investigation, and

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