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(영문) 광주지방법원 2015.07.24 2015고합164
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is the father and father of the victim C (hereinafter “victim”).

On July 29, 2014, the Defendant committed an indecent act using the victim's state of impossibility to resist, who was related to his/her relatives, by inserting his/her hand into the victim's counter part, who was divingd at the defendant's house located in the 104-dong 1102-dong, 104-dong 1102.

B. On March 20, 2015, the Defendant was above 02:00.

In the same place as Paragraph 1, the victim's bucks did not resist with the victim's bucks, making the victim's bucks to be able to do so, making use of the victim's blood-related state.

2. Defendant’s assertion and the judgment of this court

A. On March 20, 2015, the Defendant alleged that he had only once met the victim’s vessel on March 20, 2015, and did not meet the victim’s vessel.

B. (1) In full view of the evidence duly adopted and examined by this court, the court below held that (a) on July 29, 2014, the victim: (a) carried the Defendant’s fingers between 03:00 divings and panty where the Defendant was suffering; (b) on March 20, 2015, the victim was suffering from pande; (c) on March 20, 2015, the Defendant’s fingers were laid on the buckbucks where the Defendant’s fingers were revealed to be prone, and (d) the fact that the Defendant was able to recognize that the victim was locked by the Defendant who was able to bring his fingers into this buck, and that the Defendant was unable to do so any act any longer by the Defendant.

(B) However, although the victim is the friendship of the defendant, he/she did not live together with the defendant, and lived in E at one month. The victim graduated from high school around February 2015, while living in E, he/she was living in the defendant's house after residing in E after March 20, 2015.

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