(영문) 서울동부지방법원 2015.07.16 2015고합81

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(영문) 서울동부지방법원 2015.07.16 2015고합81

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)

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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

From April 2010, the Defendant is in de facto marital relationship with C, and the victim D (V, 20 years of age) is in de facto marital relationship with C as the child of the above C.

On June 16, 2014, around 10:30 on June 16, 2014, the Defendant: (a) committed an indecent act by getting off the victim’s lower part of the victim, who was in the room of the victim’s residence in Gangseo-gu Seoul Metropolitan Government E, and taking advantage of the victim’s depth and was unable to resist; and

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Police officers of D and written statements by prosecution;

1. Each family relation certificate:

1. The defendant and his defense counsel consistently stated the main part of the criminal facts, such as the victim and the defendant's speech and behavior, etc. on July 14, 2014 of the recording file CD on July 6, 2014 [the defendant and his defense counsel] on the day of the instant case, he sees as C that the victim was able to look at the victim's body and her body body in the room, and see as follows, the victim was able to take care of the body body in the room, and it was confirmed as the victim, not C, and the victim was confirmed as the victim, and there was no indecent act. However, the victim cannot be seen as having committed an indecent act at the police station to the point of this court until the crime was committed, the principal part of the criminal facts, such as the victim's speech and behavior, etc. immediately after the crime was committed by the victim and the defendant. The victim appears to have been misunderstanding of the victim's appearance and attitude in this court as a witness and his body of experience between the victim and the victim.

C. At the time of visit, at the time of the victim’s room.

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