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(영문) 창원지방법원 2019.06.13 2018고합227

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a higher-ranking relationship between the victim B (the family name, the female, March 2003).

1. From June 14, 2015 to 14:00 on June 14, 2015, the Defendant: (a) 11:00 to 14:00, the Defendant was holding two-half of the Defendant’s computer in front of the Defendant’s computer in front of the Defendant’s dwelling in the Chang Sea-gu, Chang-si; and (b) 3; (c) 4:00 to 3:0, the Defendant got the victim into front of the Defendant’s computer; and (d) 1:00 to 3:0,

2. At around 23:00 on July 31, 2015, the Defendant, who was intending to sleep at the house of the outer steering room located in Masan-si D, Changwon-si, the residence of the outer steering room, and was forced to knife the Defendant’s sexual organ by taking the victim’s knife by inserting his hand and panty, and by taking the Defendant’s sexual organ into knife.

3. From around 06:00 to around 07:00 on September 28, 2015, the Defendant: (a) reported that the victim was the victim in the Defendant’s home room as stated in paragraph (1); and (b) accumulated the victim’s side to the victim; and (c) included the victim’s hand in the victim’s inner part; and (d) included the victim’s chest in the victim’s chest.

Accordingly, the defendant committed indecent acts by force against the minor victim under 13 years of age who is related to three times.

Summary of Evidence

1. Each legal statement of witness E and B;

1. Partial statement of the witness F in the court;

1. B’s statement in the victim’s video CD;

1. The prosecutor's statement concerning B;

1. Stenographic records;

1. Partial statement of the police interrogation protocol of the accused;

1. A written confirmation of counseling, a submission of data on cooperation in investigation, a report on internal investigation (verification of the date, time, etc. of damage to the other party to theG counselor), a report on internal investigation (verification of the counter-report, etc. of the victim's school teacher H) and a report on investigation (with regard to temporary specification of crime);

1. Statement analysis statement, investigation report (to hear victim's statement related to damage of July 31), investigation report (to hear victim's statement related to damage of September 27) (to hear victim's statement related to damage of September 27);

1. A certified copy, etc. of expulsion;

1. Infant care areas by child;