(영문) 대전지방법원 논산지원 2017.03.08 2016고합42

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 논산지원 2017.03.08 2016고합42

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is out of the victim C (Y, 6 to 8 tax at the time).

1. On August 8, 2015, the Defendant committed an indecent act against the victim by inserting her panty in the victim’s panty and panty in which he/she was divingd in his/her own residence, E, his/her children, and his/her her her son and panty in the same room as that of the victim’s her panty, and by using the victim’s panty and panty and making it impossible for the victim to resist the victim to resist the victim’s panty.

2. On September 15, 2016, the Defendant committed an indecent act against the victim by putting the victim’s panty and panty in the victim’s panty, who was divingd together with E, his/her children (the 8 years old), and his/her birth in the same room as that of the victim, at the time of the night on September 15, 2016, by taking the victim’s panty, and using the victim’s panty and panty in which he/she was locked.

Summary of Evidence

1. Legal statement of witness E;

1. Part of the protocol concerning the examination of the accused by the prosecution and the police;

1. Police stenographic records against C and video-recording CDs made by victims;

1. Statement made by the police for E;

1. A report on occurrence, internal investigation report (Attachment of victim’s statement analysis opinion), and report on investigation results [the defendant denies the crime, but the victim clearly states the damage facts in the judgment, and in particular, statements about the method of indecent act, the defendant’s name given witness at the time of committing the crime, and the circumstances of indecent act are specific to the extent that it is difficult to view the victim’s age as the contents paid without direct experience, considering the victim’s age.

Although there are somewhat differences between the victim, the defendant, and the victim's mother E's statement about the location where the family members had enjoyed, it is difficult to reject the credibility of the victim's statement on the sole basis of the incidental situation that is not directly related to the crime.

Since credibility of the victim's statement can be recognized, the defendant's assertion is.

유사 판례

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