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(영문) 광주지방법원 2013.04.18 2012고합1262
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Reasons

Criminal facts

The defendant has been in a de facto marital relationship with D since about 15 years ago, and the victim E (n'e, 43 years of age) was in a de facto marital relationship with D as the wife of F, who is the remaining birth of D.

D was judged to be the horse crypian of March 2012, and was hospitalized in H Hospital located in the Y G in the Jeonnam-gun from August 14, 2012 to August 29, 2012.

1. On August 26, 2012, between 00:00 and 1:00, the Defendant: (a) at the above hospital 7152 room from around 00:00 to around 1:00, the Defendant reported that D was able to take part in the auxiliary beds; and (b) took part in the auxiliary beds; and (c) on the part of the victim’s clothes, the reasons recognized as different from the facts charged, such as the case involving the Defendant and the defense counsel, are explained as follows: (a) the Defendant committed an indecent act by force against the victim by force.

2. On August 27, 2012, between 00:00 and 2:00, the Defendant: (a) at the above hospital 7121 room; (b) at the above hospital 7121 room; (c) reported that the victim under the care of D was able to take part in the auxiliary beds; and (d) took part in the auxiliary beds; and (c) took part in the victim’s clothes only once and forced the victim to commit an indecent act.

3. On August 28, 2012, from around 23:00 to 24:00, the Defendant: (a) at the above hospital 7121 room; (b) at the above hospital 7121 room; (c) reported that the victim under the care of D was enjoying in the auxiliary bed; and (d) sited in the auxiliary bed; and (c) led the victim to an indecent act by force by force by using the victim’s clothes.

4. On August 29, 2012, at around 6:30 on August 29, 2012, the Defendant: (a) reported that the victim under the care of D was faced with the auxiliary bed to the auxiliary bed; and (b) sited into the auxiliary bed to the bed to the bed to the bed to the bed to the bed to the bed to the bed to the bed to the bed to the bed to the bed; and

Summary of Evidence

Of the evidence requested by the prosecutor, the recording CD or recording book (Evidence Nos. 11 and 12) among the evidence requested by the prosecutor is inadmissible as it is not proven that it is a “original” that recorded the conversation between the defendant and the victim or a copy of the original content.

1. Partial statement of the defendant;

1. E. of the witness;

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