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(영문) 창원지방법원 진주지원 2015.02.12 2014고합129

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is around 2001, the Defendant married with the victim E-and-child F in the victim’s age of 17) and had been in line with the victim’s dwelling operation 201 in Jinju-si, the Defendant’s dwelling place.

1. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by compulsion in relation to relatives) on August 2014;

9. At around 23:00, the victim committed an indecent act by compulsion, such as drinking the victim's mind to force indecent act by compulsion, taking advantage of the victim's mental health condition, inserting his hand into the victim's hub, and drinking the victim's chest.

2. Around September 22, 2014, the Defendant committed an indecent act by force by inserting TV from the victim’s prone room located in J on September 7, 2014, such as: (a) the victim’s flusium in J at J, by inserting his hand into the victim’s brode; and (b) the victim’s flusium in the victim’s panty line; and (c) the victim’s flusium in the victim’s panty line; and (d) the victim’s flusium into the victim’s panty line.

2. We examine the evidence submitted by the judgment prosecutor.

A. Legal testimony or a document stating the statement by the above police officer to the effect that the defendant, at the time of arrest or arrest of a police officer who arrested the defendant of I’s testimony by the witness I, voluntarily led to an offense, shall be deemed inadmissible in light of the purport of Article 312(2) of the Criminal Procedure Act, insofar as the defendant denies the offense differently from the statement before the police officer.

(see, e.g., Supreme Court Decision 83Do3223, 83Do538, Feb. 28, 1984). The first testimony, which is a police officer who investigated the defendant, led to the confession of the fact of crime in the course of investigation. As long as the defendant denies the crime in this court, the evidence is inadmissible.

B. The witness J, which is the school counselor of the victim of the testimony of J, shall be from the victim under this court, and the victim shall be from the accused.