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(영문) 창원지방법원 마산지원 2016.04.01 2015고합106
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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 committed an indecent act two to three times against the victim C (nive, 18 years of age) by drinking the part of the victim with his/her hands from the time when the victim she had to move to an elementary school to the high school, or by drinking the part of the victim, etc.

On November 28, 2015, from around 21:00 to 24:00, the Defendant: (a) at the “E” conference located in Gyeongnam-gun, Gyeongnam-gun; (b) the Defendant’s wife was unable to bring the Defendant at the damaged hospital, thereby inducing the victim to commit an indecent act by force; and (c) the victim refused to do so; (d) the victim was able to do so after drinking the mixed alcohol; and (e) the victim was able to do so; and (e) the victim was able to do so, who was in charge of the victim’s shoulder; and (e) the victim was forced to do so by sticking the victim’s chest on the part of the victim’s chest, and then, (e) the victim was able to do an indecent act by placing the victim’s chest on the part of the victim’s body, and (e) the victim continued to do so by putting the victim’s kis, and (e) the victim did not boom the victim’s finger.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement prepared in C;

1. Stenographic records;

1. Details of processing reported cases;

1. Family relation certificate;

1. CCTV video recorded CDs and audio files recorded CDs;

1. A report on internal investigation (the details of the report), internal investigation (the other party investigation of the victim), report on internal investigation (the attachment of site photo), internal investigation (the confirmation of the number of the suspected victim), report on internal investigation (the summary of the victim's statement), internal investigation report (the attachment of the interior photograph prepared by the telecom proprietor), internal investigation report (the attachment of internal photograph No. 205), internal investigation report (the attachment of photographs, etc.) (the victim's audio recording file, etc.) and internal investigation report (the calculation of the relative accommodation charges for employees of the Ecom circuit).

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