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(영문) 수원지방법원 2014.05.29 2014고합131
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a penalty of the victim C (nive, 41 years of age) with the relationship of relationship with the victim.

Around March 2008, the defendant set up a vehicle on the side of the victim in the vehicle driven by the victim before the traffic of the victim and opened the vehicle on the side after the driver's seat so that the victim can not resist, and put the vehicle into the victim's entrance by hand, and became the chest and the part of the victim's chest.

Accordingly, the defendant committed indecent acts by compulsion against the victim's relatives.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Statement to C by the police;

1. C Complaints;

1. Report on internal investigation (Evidence Nos. 3), investigation report (Evidence No. 6), and each investigation report (Evidence No. 14, 15);

1. Determination as to the assertion by the defendant and his defense counsel of each family relation certificate, a transcript of removed family register

1. Although the gist of the assertion was the fact that the Defendant committed the same crime as the crime in the judgment, the statute of limitations has already been imposed since the time of the crime was not more than 2008 but not more than 2005.

2. In other words, the following circumstances acknowledged by the evidence admitted as evidence of guilt, i.e., “the victim suffered damage” at an investigative agency around March to April 2008, the victim was living in Suwon-gu E at the time of the divorce with her husband, and the her husband was living in Suwon-si, and the her husband was living in the her father and the her mother, and the her father was living in the her father and the her mother.

On the day of the instant case, the victim decided to go to the father’s house located in the F, but at 3-4 p.m., from the Defendant, “I am going to go to the water source, and I am to go to the f.m., at 6-7 p.m., if I am to go to the water source, I am to get off the Defendant at the vicinity of the victim’s house at 6-7 p.m., and am to go to the f.m., with the victim’s house.

In addition, parents are on the house.

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