CNEWS匯流新聞網記者王昭濱/綜合報導
桃園市一名已經當外公的男子老謝(化名),2021年起竟趁著照顧7歲孫女的機會,多次撫摸孫女下體,結果因為孫女到了學校後,竟主動叫同學摸她下體,老師發現後感到訝異,追問女童才讓事情曝光,老謝在面對法院審理時,竟還大言不慚辯稱,是孫女自己脫褲子要他幫忙抓癢,法官一審將他重判12年、二審又改判7年,全案再上訴到最高法院,今(23)日駁回上訴定讞。
判決指出,2021年9月、女童仍在就讀幼兒園大班,身為女童外公的老謝卻趁著單獨照顧她的機會,多次在住家一樓客廳或二樓房間內,要求孫女脫下褲子,然後撫摸其下體,直到隔年女童就讀小學一年級,老謝仍未罷手,又再藉機撫摸。
結果女童學校課後班中,竟然主動叫同學撫摸她的下體,老師得知後將她找來詢問,「妳怎麼做這樣的動作?」並告知不能隨便叫人摸尿尿的地方,孰料女童回答「阿公說不能跟別人說」,老師追問「是阿公摸妳嗎?」女童回答是,老師認為事態嚴重趕緊通報,老謝也被提起公訴。
老謝再面對一審時坦承確實有撫摸孫女下體,但卻辯稱「是孫女自己脫下褲子,要求我幫她抓癢,並不是我自己要去抓,我的手指也沒有插入。」一審法院調查後,認定老謝4次撫摸孫女下體得逞,成立4個「對未滿14歲女子犯強制猥褻罪」;另有1次將手指插入,成立「對未滿14歲女子犯強制性交罪」,因此5次犯行重判有期徒刑12年,案件上訴二審。
二審高等法院審理時,老謝仍坦承,但否認手指插入,經高院調查,也認定老謝並未以手指插入孫女下體,因此改判有期徒刑7年,全案上訴至最高法院,23日駁回上訴定讞。
照片來源:翻攝畫面
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