(영문) 광주고등법원 (전주) 2018.06.19 2018노26

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 (전주) 2018.06.19 2018노26

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The statement of the victim, consistent with the summary of the grounds for appeal, is reliable, and there is no reason to keep the damaged part of the victim by placing his hand in the panty of the victim even though the defendant is aware of the fact that he is coming to the next by the victim, and accurately write and rhys the part of the victim without being rhyd by the defendant, and the victim's body is hyd and the defendant immediately deducted or returned to the victim, it cannot be deemed that the defendant was locked or locked by the defendant, and the defendant did not have any true response as a result of the examination of the detection of the false end, or that the defendant did not reply or threaten the victim to conceal the facts of the crime, does not interfere with the recognition of the facts charged.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. The summary of the facts charged is the friendship of the victim C (V, 11 years old).

From September 2015 to November 2015, the Defendant was at the Defendant’s house located in Seojin-gu Seoul Special Metropolitan City (DBD 201) prior to the night night, around the night, around November 2015, and the Defendant was able to write the Defendant’s sound by putting the Defendant’s hand into the panty line of the victim who opened TV at the Defendant’s side and reported TV (9 to 10 years of age at that time). At the same time, the Defendant was able to write the Defendant’s panty in the same manner at the same place and write the Defendant’s panty and write the Defendant’s sound.

Accordingly, the Defendant committed an indecent act on the part of the victim, who is a relative under 13 years of age, on two occasions.

3. Determination

A. As to the facts charged in the instant case, the lower court’s judgment is reliable as to the victim’s statement that the victim’s her panty was kept in her hands, but the Defendant consistently followed himself/herself, and the victim’s her her son with his/her her her her her panty, leaves his/her her son with her her son and leaves his/her her son or her son with

유사 판례

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