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(영문) 창원지방법원 2014.10.23 2014고합155
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the victim E(M, 17 years of age)'s prone.

1. On June 1, 2014, around 17:30 on June 1, 2014, the Defendant: (a) accessed the victim’s bridge by accessing the victim’s bridge to his/her own bridge, and rhumbbbucks.

Therefore, even if the victim refused to do so by making the victim called "Ieman...." and the victim continued to commit an indecent act, such as making the victim's her ambl with a bad hand, at the victim's ambl.

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

2. On June 2, 2014, the Defendant: (a) around 20:0, around 200, at the Defendant’s residence located in the fourth floor in Changwon-si; and (b) the victim, who reported TV in the room, kisced on the victim’s kis.

Therefore, even though the victim refused to do so by being sealed of the defendant's body, "I am kn't kn't kn't kn't k'," the victim's rear kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't k' in the victim's entrance and kn't kn't

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to E and I;

1. The defendant and his defense counsel denies the victim's entry and the intent of indecent act by compulsion. However, in full view of the witness E's consistent statement, the process of reporting to the investigation agency, the circumstances before and after the report, etc.

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