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(영문) 부산지방법원 2018.04.20 2017고합549

강제추행등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

1. 강제 추행 피고인은 2017. 5. 27. 21:40 경 부산 중구 C에 있는 ‘D’ 주점에서 피해자 E( 여, 25세) 등 일행과 술을 마시던 중, 다른 일행이 바람을 쐬러 밖으로 나가자 피해자를 자신의 옆으로 옮겨 앉게 한 후, 피해자의 왼쪽 뒤 엉덩이 부분을 주무르고, 이를 거절하는 피해자의 왼쪽 허벅지 안쪽을 약 3회 주무르고, 위 술자리를 마치고 다음 자리로 이동하려는 사이에 피해자에게 화장실을 가 자고 권유하여 여자 화장실에 들어가 소

In order to report the change, the victim forced the victim by moving the victim into the above female toilet, locking the door, inserting the hand into the victim's upper part, etc.

2. The Defendant, who received quasi-rape on May 28, 2017, in the middle-gu Busan Metropolitan City “G” located in F on May 28, 2017, is willing to report and rape the victim who fright to drink and drink the victim, such as the victim, and from around 01:00 to around 01:20 on the same day, he she takes the victim from the victim’s room of “Iel located in H” located in the middle-gu Busan Metropolitan City between 01:00 and around 01:20 on the same day, and she goes off the victim’s panty, and deducted the victim’s panty in the middle-gu, Busan Metropolitan City.

Although the victim tried to put his sexual organ into the wind, this part of the facts charged was revised ex officio without the procedure of changing indictment in accordance with the facts obtained through the examination of evidence to the extent that it does not pose a substantial disadvantage to the victim's exercise of his/her right of defense, as stated above, to the extent that it is not likely to bring about a substantial disadvantage to the victim due to the perfect resistance of the victim," or to the extent that the victim

The intention was not achieved but was attempted.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Police seizure records;

1. Each investigation report (as to the attachment of payment details of cards, as to attachment of CCTV images, as to attachment of the result of a request for appraisal, as to the correction of name of the crime, and hearing of complainants' statements);

1.The details of payment of telecom and drinking-house cards, CCTV images;