beta
(영문) 광주지방법원 2013.12.30 2013고합498

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

In addition, the person who requested probation order (hereinafter referred to as the "defendant") is the father of the victim C (nive, D, and intellectual disability 3) and the father of the victim was divorced from the father of the victim, and was living together with the married victim.

On April 2013, the Defendant, at the defendant's house located in the Seo-gu, Seo-gu, Gwangju (hereinafter referred to as "detailed address omitted), sent back the chest part of the victim's own (10 years old at that time) into clothes, and her fingers into the victim's panty line.

Accordingly, the defendant committed indecent act by force against the victim who is a relative of the disabled under the age of 13.

Summary of Evidence

1. C’s statement recorded in the statement recorded CDs;

1. Each of the legal statements of witness F and G (other than the part without admissibility as a hearsay statement);

1. Determination as to the assertion by the disabled person and the defendant of family relation certificate

1. The gist of the assertion is that the Defendant had never met C, as shown in the facts charged.

Even if the defendant had his body met C

This does not commit an indecent act against C only when the chests are spanty or it is confirmed that the panty is clean in the process of panty expression.

2. Determination

A. First, we examine whether there is a fact that the defendant delivered C's chest and fry together with the charge.

The statements of the victim C, which correspond to this part of the facts charged, are deemed to be reliable in light of the following circumstances (a recognized fact or a judgment based thereon). Therefore, the defendant's statement was judged to have only the victim's chest and the victim's chest as stated in its reasoning.

1. The victim was under the influence of alcohol in a room where TV was well available at the investigative agency, “supper,” and the Defendant was under the influence of alcohol.

The knife became a match by hand.

There has been a long time to extend the time of a sudden location.

panty kives have been put in panty.

“A consistent statement is made to the effect that it is consistent. In addition, “the Defendant was only present and located.”

Defendant stated that “I will continue to exist,” or that “I will not know.”

”는 취지로 당시 피고인의 말과 행동은 물론 “슬펐다....