(영문) 부산지방법원 2016.11.25 2016고합508

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(영문) 부산지방법원 2016.11.25 2016고합508

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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 13, 2016, around 14:57, the Defendant discovered the victim E (at the age of 11) who had talked with fluence in the stairs of the entrance of the building No. 1, Jung-gu, Busan, Busan, and sought that the victim would be "humma", and the victim would be "humma", and the victim kn's hand kn's hand and kicked with the stairs.

On the ground of the 1st entrance, the Defendant said that the victim’s friendship was “a house” to the victim’s friendship, attached to the victim’s right side, and 3 to 4 times the victim’s sound was rhyd, and the victim’s sound was only one time.

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

Summary of Evidence

1. Partial statement of the defendant;

1. E’s statement recorded in the video CD;

1. The actual survey report and on-site photographs;

1. Each investigation report and attached documents (Evidence Nos. 11, 12, 16, 24) (Evidence List Nos. 11, 16, 16, and 24) (the defendant and his defense counsel asserts that there is no fact that the defendant committed an indecent act by force against the victim. However, in light of the following circumstances recognized by each of the above evidence, the criminal facts in the judgment can be sufficiently recognized. The victim is an Firs female student at the investigative agency. The victim stated the damage inflicted by the defendant's act in a very detailed and biological manner at the investigative agency. The above statement cannot be known as a woman at that age without direct experience, and it is reasonable to explain the situation, and is not inconsistent with other evidence, such as CCTV. The victim first found the victim on the day of the crime. The victim was the father of the police station immediately after the crime, and the father of the victim was the victim was the victim on the day of the crime. In light of such circumstances and the details of the victim's statement, the victim cannot be viewed as having made a false statement by the defendant and defense counsel.

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