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(영문) 부산지방법원 동부지원 2018.02.08 2017고합56
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who has a blood relative with the victim C (here, D's birth), and had the victim living in a child welfare facility stay in the house of the defendant.

1. Around 2014, the Defendant committed a crime: (a) around January 2014, at the Defendant’s house located in 305 U.S., U.S., Busan, U.S. E building operation on the 305th day of May, 2014, with his hand put his hand into the victim’s boom and pande, and the victim’s sound booms.

Accordingly, the defendant, who is less than 13 years of age, committed an indecent act against the victim who is a relative.

2. In around 2016, the Defendant tried to have the said victim (10 years of age) located in a place specified in paragraph (1) at around 1, 2016, in a ward, and to have kisc down on the face of the Defendant’s arms, kiscing the victim’s arms, kiscing the victim’s face, kiscing the Defendant’s ks, leaving the victim’s face, leaving the Defendant ksck, kiscing the victim’s ksck, kiscing the victim’s ksck, kscing the victim’s ksck, kscing the victim’s ksck, and kscling the victim’s ksck, kscling from

Accordingly, the defendant, who is less than 13 years of age, committed an indecent act against the victim who is a relative.

Summary of Evidence

1. Some of the statements made by the witness C, F, G, H, I, G, H, H, and I may be viewed as a professional statement. However, even if a certain statement becomes a professional evidence in the direct use of criminal facts, it does not necessarily constitute a professional evidence in using it as a circumstantial evidence for an indirect fact unrelated to the authenticity of the statement (see Supreme Court Decision 25 February 25, 2000). Thus, if it is limited to the value of the circumstantial evidence for ascertaining the situation after the case, the rule of law shall not apply.

J Each legal statement

1. Each legal statement of K and L in each part;

1. The defendant;

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