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(영문) 제주지방법원 2016.01.14 2015고합126
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim D(Wu, 16 years old)'s Bushes.

1. On May 22, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) included the F pension plan in Jeju E between around 03:00 to 04:00, in the F pension plan, the Defendant came up on the side of the victim who was divingd on the bed part of the bed, and put the finger into the chest by gathering the victim’s hand by the bedle of the victim’s bed, and the victim shicked the Defendant’s hand and resisted the Defendant’s hand from the bed, and added the finger to the victim’s quality.

Accordingly, the defendant committed an indecent act by force against the victim who is a de facto relative.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood) was inserted in the Defendant’s house located in G at the Jeju city, on Sundays, where it is impossible to identify the date from October 2014 to November 2014, in which the date cannot be known, in the victim’s entrance, while taking the Defendant’s house back to the victim’s seat.

As a result, the defendant committed an indecent act against the victim by using the victim's non-satisfy condition, which is a de facto relative.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Each police statement made to H and I;

1. Video recorded CDs and stenographic records with D;

1. Seizure records;

1. The place of crime, report on internal investigation (the first date of damage), and report on investigation (the specific place of crime);

1. Domestic investigation reports (the confirmation of the family contents of the victim), investigation reports (the attachment of letters to the victim), investigation reports (the attachment of recorded records), investigation reports (the relative of the suspect and the victim), investigation reports (the photographs of the victim's residence), investigation reports (the statement of telephone conversations and text messages between the suspect and the victim), recording reports, investigation reports (the statement of telephone conversations and text messages between the victim and the victim), preparation of recording records, investigation reports (the report of suspension of video recording investigation), response to evidence analysis results, and submission of accompanying materials.

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