(영문) 광주지방법원 2014.12.17 2014고합406

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(영문) 광주지방법원 2014.12.17 2014고합406

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

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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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2014, the Defendant invadedd the victim C (n, 74 years of age, hereinafter referred to as "victim")’s house in Gwangju Mine-gu through the open door, and prevented the victim’s face in his/her own hands, thereby committing an indecent act by forcing the victim to dance in a manner consistent with the victim’s entrance, and by forcing the victim to put in his/her mouth.

Summary of Evidence

1. A statement to the effect that the defendant left the victim's house on the date and time of criminal facts in this court;

1. Each statement made by C and D in compliance with the statements made by the witness C and D in this court (the victim's statement about the facts of damage is relatively consistent and clearly, there is no evidence to deem that the victim's statement was injected into or educated by inducing his/her children, investigative agencies, etc., or by cancer because the victim's own statement became aware of the fact of damage caused to his/her father, and such statement conforms with objective circumstances and the part of the defendant's statement, and there is no reasonable ground for the victim's false accusation, and its credibility is recognized);

1. Statement made in compliance with the statement of E prepared by the assistant judicial police officer;

1. The defendant and his defense counsel's assertion and the judgment of this court, which are relevant to the FI's statement of investigation report (investigation of Witnesses) prepared by the assistant judicial police officer

1. On April 3, 2014, the Defendant: (a) the Defendant: (b) the Defendant her drinking water to the Defendant, who was living together with the Defendant, and the Victim said that he was playing at the victim’s house on April 4, 2014; and (c) the Defendant her house on April 4, 2014.

The nursing of the victim opened the gate, and the defendant opened the house of the victim through open gate, and the house visit was locked, and the victim asked whether he or she is the victim, thereby entering the name of the defendant.

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