(영문) 대전지방법원 천안지원 2018.06.20 2017고합269

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2018.06.20 2017고합269

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim D(20 years of age, women) are blood relatives within the fourth degree of relationship with the second degree of relationship.

On August 5, 2017, around 22:00, the Defendant: (a) was aware of the victim’s self-injury in the victim’s residence E, and (b) the victim was unable to do so; (c) the victim was kisk on the part of the victim; (d) the victim was forced to do so, and (e) the victim’s chest was forced to do so, and (e) the victim’s sexual organ was written in clothes.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statements made by witnesses D in the second public trial records;

1. Statement made by the police against D;

1. The F content;

1. Determination on the assertion of the defendant and his/her defense counsel

1. Although the gist of the claim is that the defendant kisks on the part of the victim in order to leave the victim, there is no fact that the defendant kissks on the part of the victim and kissks on the part of the victim.

Even if there was such an act, it was done with an intention to sleep.

2. Determination

A. According to the evidence, the following circumstances are acknowledged.

(1) A victim has consistently made a statement that corresponds to the main contents of the fact of damage when undergoing an investigation by an investigative agency or giving testimony in this court, and the contents of the statement are very concrete.

The defendant and the victim were close to the time of birth, and the victim met the defendant on the day of the instant case, and after drinking the defendant, the defendant would remain silent at the victim's house.

It seems that there was a good link with the defendant of the ordinary world by allowing the defendant to enter the house while cleaning about about 20 minutes, and allowing the defendant to enter the house.

However, it is not possible to find any personal motive for these victims to gather their own criminal defendant.

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