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(영문) 전주지방법원 남원지원 2015.02.12 2014고합35
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2014, the Defendant: (a) around 20:0, the Defendant: (b) stated that “Ne is a woman,” “Ne is she will leave her clothes short, she will leave her clothes. I do not know why she will do so; (c) I am her her slick in the Defendant’s hand; and (d) I her her slick in the Defendant’s hand while she sleeps the Defendant’s hand; and (d) I her her slick in the Defendant’s stairs, I her she her slick in the Defendant’s stairs, and then I am her she she would her she her with the Defendant’s hand after I she her her her slick in the Defendant’s stairs. I am her her buck. I am her her hand.

Accordingly, the defendant committed indecent acts by compulsion against the victim who is a juvenile relative.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. The statement of the victim recorded in the video CD;

1. Family relation certificate:

1. Judgment on the argument of the defendant and his/her defense counsel

1. The summary of the argument is that the Defendant sparly dumpedly committed indecent acts by force against the victim by using and rhumping the victim’s bucks.

2. In determining the credibility of a statement when a minor minor victim made a statement that he/she had been sexually punished by rape, indecent act, etc. from his/her relatives in the position to protect and supervise him/her, the victim, even though he/she was aware of the absence of any other physical evidence or direct witness in addition to his/her own statement, has expressed his/her numerical damage at the risk of criminal punishment by his/her guardian, and the motive or reason to make such a false statement is not clearly revealed, and the contents of the statement are factual, specific, consistent, consistent, and are not contradictory in light of the empirical rule, the method of expression is somewhat minor.

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