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(영문) 대전지방법원 2017.07.06 2017고단1100
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

During the death of the victim C and seven years from elementary school, the defendant is suspected of having a female-related relationship with the defendant, and the defendant is considered to have a hedging relationship with the defendant.

On July 23, 2016, the Defendant sent the victim a text message stating that he would thrown away her hina while she was her at around 20:15.

The victim was found in the defendant's house No. 206, 401, the Dong-gu, Daejeon apartment house No. 206, the defendant was able to take the defendant's house in order to bring the defendant's death.

The defendant returned home at around 20:30 on the same day.

The victim who met the defendant shall return to the defendant.

At the same time, I started the house of the defendant while coming to the house of the defendant, but came to the house of the defendant, once again.

Since then, as the dispute has continued, the victim gets her animals and her house.

In order to prevent the victim from suffering a sense of shameing after putting the victim on the floor while fighting about 20-30 minutes of body, the defendant, who was suffering from the victim, exceeded her panty and forced panty with her sty in order to avoid a sense of shameing the victim.

In addition, the face was 5 to 10 minutes on the part of the victim.

Therefore, the victim left the clothes of the body and stayed in the house of the defendant until 01:00 on the following day.

Accordingly, the defendant committed indecent acts against the victim by assault and detained him.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. 수사보고( 현장 증거조사), cctv 화면, 피해자 거들, 원피스 사진, 휴대폰 문자 메시지 사진, 녹취서 [ 피고인 및 변호인은, 피고인이 이 사건 당시 피해자가 입고 있는 거들과 팬티를 벗긴 사실은 있으나, 피해자의 다리를 잡고 침대에 앉히는 과정에서 피고인의 머리가 피해자의 음부에 잠시 닿았을 뿐 피고인의 얼굴을 피해자의 음부에 대고 빨거나 핥은 사실이 없으므로 강제 추행죄가 성립하지 않고, 강제 추행의 고의도...

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