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(영문) 대전고등법원 2016.07.01 2015노402
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The defendant is a sexual assault treatment program for 40 hours.

Reasons

The summary of the grounds for appeal is that the court below rejected the statements of the victim corresponding to the facts charged in this case and acquitted the defendant on the facts charged in this case, thereby affecting the conclusion of the judgment.

Judgment

A. The summary of the facts charged in the instant case is that the Defendant is residing in the victim E (V, 54 years old) and neighbors.

1) On November 5, 2013, the Defendant, at around 16:20 on November 5, 2013, discovered the victim’s husband’s work to the family of the victim F in the Chungcheongnam-nam Budget Group, and entered the victim’s home with the knowledge of the victim’s husband’s work.

Therefore, the victim dysia and sound, and "Doed fish is living with her husband, and her husband is living.

In response to the Defendant’s assertion, the Defendant’s “I good and good?”

“Acking the victim” and “acking the victim, spores, and spores,” and “accoming the victim by hand, as the victim can spores, with the floor of hand, and the victim spores, spores, spores and pans, with the victim as soon as the victim can spores, spores and pan

In other words, the victim was forced to commit an indecent act, such as allowing the victim to talk.

2) On November 6, 2013, the Defendant: (a) committed an indecent act by force by a method of putting the victim’s upper part of the victim who covered the fluor in question at the above place; and (b) by taking the chest in charge of the fluor.

3) On November 7, 2013, at the above place, the Defendant forcedly placed the victim who had ever come quickly in the room on the floor, prevented him from leaving the room on the floor, and, after preventing him from leaving the room on the buckbucks, the Defendant forced him/her to leave the victim by hand, forced him/her to stop him/her from entering the victim’s chest, knee his/her chest and panty to knee his/her knee, and put two knes of the Defendant into the part of the victim’s 10 minutes.

B. The lower court determined that the instant facts charged was proven to the extent that there is no reasonable doubt as to the facts charged by the prosecutor in the instant case, on the grounds that the police of the victimized person and the statements in this court were not reliable due to lack of credibility.

see.

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