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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
Punishment of the crime
The Defendant committed an indecent act against the victim, who was a minor under 13 years of age by force, by inserting his hand to the victim E (at the time, her female, 10 years of age) at the victim’s dwelling room located in Bupyeong-gu Incheon Metropolitan City around February 2013, stating that the victim E (at the time, her female, her ten years of age), and inserting his hand into the victim’s her inner part, thereby committing an indecent act by force on the part of the victim.
Summary of Evidence
1. Any statement made by the defendant in a part appropriate for such statement in this Act;
1. The Defendant asserts that the witness E gave money to the victim on the date stated in the facts constituting the crime, but did not look at the victim.
① The victim, even before several years, stated that it is difficult for the victim to know without direct experience, such as the victim’s flasing of the victim’s flasium and clothes by gathering the flasium and flasing of the flasium. The defendant also stated that the victim had a flasium around that time, such as recognizing that the victim had a flasium. The victim’s statement has special circumstances that make it possible for the victim to memory the defendant’s act at that time, and maintains consistency between the investigative agency and this court. ② The victim’s statement was made on May 6, 2015; ② there is no room for inducement or false intervention of the third party in the victim’s statement process, such as the victim’s report to the Defendant and investigation; ③ the victim’s flasium was damaged by indecent act by the Defendant against the entrusted mother on the day of this case; and around that time, the victim talked about the case to flas, etc., but did not report his relation to the victim’s’s age after reporting.