성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
The prosecutor's appeal is dismissed.
1. The statements made by the victim by the defendant against the summary of the grounds of appeal are consistent with very specific parts of the statement, and are sufficiently reliable as there is no inconsistency in itself or there is no violation of the rule of experience. The defendant and the victim are found to have been in de facto blood relationship at the time of the instant case, and the facts charged in the instant case can be found guilty.
Nevertheless, the court below rendered a not-guilty verdict on the above facts charged. This decision of the court below is erroneous in misconception of facts.
2. Determination
A. The summary of the facts charged in the instant case is C’s friendship, the former wife of the victim B (year 41), and the victim is a person who married around June 201 with C and C around April 30, 201 and was in a de facto marital relationship until the police officer around April 2018.
On June 23, 2013, around 23:00, the Defendant, while drinking alcohol with the victim and C at the residence of Bupyeong-gu Incheon Metropolitan Government D Building E, said that the victim “I have her first time, I have her fright, I am fright. I am to go into the room,” and that the victim was willing to commit an indecent act according to the victim.
After entering a beer, the Defendant putting a beer under the center of the head of the victim who was able to report the wall with one arms, knife the body of the victim, knife the body of the victim by arms, knife the victim's chest by hand, knife the victim's chest with the victim's chest, knife the defendant's breast on the victim's bridge, and knife the bridge on the victim's bridge.
Even though the victim was pushed the defendant's bridge, the defendant continued to put the bridge into the victim's bridge.
Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.
B. In the criminal trial procedure conducted in the form of a participatory trial which was introduced to enhance the democratic legitimacy and trust of the relevant legal principles, form shall be conducted through strict selection procedures.