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(영문) 인천지방법원 2014.11.21 2014고합488
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 14, 1983, the defendant reported a marriage with C on November 14, 1983, and the victim D (V, 45 years old) is the child of the above C.

On January 2, 2014, the Defendant visited the Defendant’s house located in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City on a night, and sent alcohol to a restaurant, and followed alcohol at the F speech room located in the Nam-gu Incheon Metropolitan City on January 3, 2014 and around 04:30 on January 3, 2014.

The Defendant: (a) dump dump, the victim’s bump, the victim’s bump, the victim’s bump and bume on the floor beyond the floor; (b) fump the victim’s chest by hand; and (c) fump the victim’s chest by entering the victim.

After the victim suffered the above damage, the Defendant continued to sit on the sing room and on the road, and led the victim's head by hand, leading the victim's head to fit for the victim's entry.

Accordingly, the defendant committed an indecent act on the victim's kinship.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Determination as to the assertion by the defendant and his/her defense counsel regarding text messages photographs, on-site photographs, investigation reports (report on the confirmation of kinship between the suspect and the victim)

1. 피고인 및 변호인의 주장 피고인은 노래방에서 피해자의 가슴을 만지거나 입으로 가슴을 빤 사실이 없고, 노래방에서 나오면서 넘어진 피해자가 얼굴을 다친 것은 아닌지 확인하는 과정에서 추행의 고의 없이 피해자에게 입맞춤을 하였을 뿐이다.

2. Determination:

A. As to whether the defendant delivered the victim's breast at singing room or immediately delivered the victim's breast.

(1) The evidence related to this is that "I can't stop lvling yu" was carried out in the nanotechnology, and the defendant used both strict fingers to turn on the strings and to sit on in the singing room.

The defendant was covered by B's standing and covered by B's standing, and was placed on a single in a single.

The defendant;

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