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(영문) 대전지방법원 서산지원 2019.03.27 2018고합83
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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

Although the Defendant stated in the indictment on April 10, 2014 as "No. 11, 2014." However, in light of the evidence relationship, the instant crime was committed at night on the day immediately before the Defendant’s wife returned to the Women’s Republic of Korea (from April 9, 2014 to April 11, 2014). Thus, the date stated in the indictment does not seem to have any substantial disadvantage to the Defendant’s exercise of his/her right to defense even if the Defendant’s wife was corrected without any clerical error and without any amendment of the indictment. Thus, it is corrected.

From 22:0 to 24:00, at the residence of the victim C (name, 8, 72 years old) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, without permission of the victim, he opened a vinyl that was not corrected by the victim, and entered the front floor of the room where the victim was divingd, and even though the victim was seld, she opened the door and opened the door, even though she told her that she would go her.

The Defendant continued to take part in the victim's wife, who was able to get off the Defendant's buckbucks, and then she turned the Defendant's arms toward the victim.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim.

Summary of Evidence

1. Protocol of examination of the witness C;

1. Some statements made by the police and the prosecutor's protocol of examination of the accused;

1. Each protocol of examination of witnesses D, E, F, G, and H as well as each protocol of examination of the police officer’s statement (whether a statement consisting of another person’s statement constitutes hearsay evidence is determined in relation to the facts requiring proof. As such, where a fact that is the contents of the original statement is a fact requiring proof, said fact is considered hearsay evidence, and where the existence of the original statement itself is a fact requiring proof, said fact does not constitute hearsay evidence (see, e.g., Supreme Court Decision 2013Do12155, Feb. 27, 2014). Of each of the above statement evidence, the part on which the victim’s statement is a victim’s statement is deemed hearsay evidence.

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