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(영문) 대전지방법원 홍성지원 2016.06.23 2015고합94
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the family relationship with the victim C (V, 18 years old) as the external third village.

On February 2, 2011, the Defendant committed an indecent act against the victim of Cho-kak, who was in a knife of the Defendant and the victim's outer knife D, and was in a knife of 14 years old at the time) who was in a knife's own knife and knife with his knife and knife with his knife.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Part of the statement in the police statement protocol for C and E;

1. The investigation report (the telephone content of the person concerned, the scene of the crime), photograph;

1. Determination as to the assertion by the defendant and his defense counsel on the investigation report (the detection device, suspect, victim), request for examination of polypythy, reply from experts in sexual assault cases, investigation report (to hear statements from victim C telephone), investigation report (the date and time of crime), defendant and defense counsel

1. Summary of the assertion

A. The date and time of the instant crime was not specified specifically.

B. The Defendant merely covered the victim’s interest at the place where the crime was recorded in the judgment, but did not commit any indecent act by force against the victim.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by this court regarding the specification of the facts charged (the date of the crime) are: (i) the victim was the age of 14 years at the time of damage; (ii) the victim first stated the facts of damage after three years and eight months from the date of damage; and (iii) the victim was unable to make a statement accurately on the date and time of the crime; (iv) the police was stated that it was around winter in the first investigation; (v) the prosecution was in the middle and second years at the time of investigation; and (v) the victim was in the middle and second years at the time of investigation; and (v) the victim was in the middle and second years at the time of investigation; and (v) the victim’s memory was considered to have been in the spring.

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