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(영문) 서울중앙지방법원 2012.06.21 2012고합194
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a spouse by reporting the marriage with C on February 25, 1998, and the victim E (V, 10 years old) born between D and his father and his father. A.

On January 201, 201, the Defendant committed an indecent act by force against the victim by putting in front of the victim’s clothes, by putting in the victim’s room a television, at the victim’s house located inside the house located in Eunpyeong-gu Seoul Metropolitan Government 302, the Defendant collected the fingers, by putting in the victim’s clothes, and putting in panty with panty, thereby gathering the fingers of the victim.

B. On January 201, 201, the Defendant committed an indecent act by force, such as: (a) the Defendant, even though he did not refuse to do so even though he had the victim met his sexual organ at the house of the above Defendant’s head; (b) but (c) the Defendant had the victim talked with his sexual organ; and (d) the Defendant forced the victim to have his panty speed in which the Defendant was suffering, and to have the Defendant talked with his sexual organ.

C. On October 201, 201, the Defendant committed an indecent act by force, such as putting in front the victim’s clothes at the victim’s office room where television was reported at the victim’s office, putting the hand in the victim’s clothes, gathering her chests, and gathering her fingers under panty speed, and gathering her part of the drinking at the victim’s office.

2. The summary of the defendant's and his defense counsel's assertion that there is no indecent act against the victim, while the victim's written statement by the police as shown in the facts charged is admissible as it is not recognized that the authenticity of establishment is not recognized, but that the statement recorded in the protocol was made in a particularly reliable state.

3. Determination

A. While there are evidence corresponding to the facts charged in the instant case, each police protocol of the victim, G police protocol of the victim’s mother, and testimony in this court, the Defendant consistently denies this from the investigative agency to this court.

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