logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.09.02 2015고합558
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

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

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") is a person who is a relative of a victim as a father of the victim D (the female, the age of 13).

On December 7, 2014, in the dwelling space of the victim E located in the new wall E at the time of the defendant, the defendant tried to commit an indecent act by reporting the victim's diving, and met with the victim's clothes by inserting hand, making the victim's fingers into the victim's clothes, and attempted to keep the victim out of the other place, and then attempt to keep the victim out of the other place, and then put a photograph on the Internet, even though the victim tried to go out of the other place, while harming the defendant's hand, the defendant put the victim up "not 's 's 's 's 's 's 's '.' By threatening the victim, the victim 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '.

Summary of Evidence

1. Legal statement of witness D;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. The defendant and his defense counsel asserts that there is no fact of indecent act by force as stated in its reasoning, such as statement recording, CD-saw support center, internal investigation report (victim's statement, etc.), investigation report (victim's counseling day, etc.).

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the above assertion is rejected, since credibility of the victim's statement can be recognized and the defendant can be found to have committed indecent act by force as stated in its reasoning.

(1) A victim has consistently made statements from an investigative agency to this court on the date, time, place, and method of committing an indecent act by the accused, and the statements and actions that the accused had done at the time.

② Even if the victim testified in this court, the victim tried to put the defendant, who is a part of the mother, in a difficult situation.

arrow