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(영문) 서울동부지방법원 2016.12.15 2016고단2502

준강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, while carrying out a mobile game called “C”, became aware of the victim D (n, 21 years of age), who is the same game user. On March 23, 2016, the Defendant was able to sleep together in the victim’s residence located in Songpa-gu Seoul, Songpa-gu, Seoul.

On March 24, 2016, from around 03:00 to 05:00, the Defendant: (a) was divingd from the victim’s residence above the victim’s dwelling area; (b) was sexually fluor and from the room room; (c) took advantage of that the victim was in a state of her depth to resist and to resist; (d) went off the victim’s body in a narrow space between the victim and the bed; and (e) committed an indecent act against the victim, such as cutting off the victim’s body, cutting down the victim’s body into a narrow space between the victim and the bed; and (e) taking the her hand into the part of the body

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The Defendant asserts that the police statement protocol against D, even though he/she was off from the locked and was on the bed, he/she did not commit an indecent act against the victim.

The situation where the victim's shouldered with the diving cannot be ruled out of the daily possibility of being caught by an influence because of the defendant's self. However, the defendant, who was the first floor of the first floor, returned to the victim's male/child room and the victim's place outside or outside the bed from the bed to the place where the victim was located, can be evaluated as an indecent act in itself by taking the victim's body back from a lower part to a narrow space between the victim and the bed, and it was difficult for the victim's room at the time as argued by the defendant.

or the defendant at the bed.

Even if we get off or get up the floor, we can do so in the light of the size of the beds, the location of the victim, the male-friendly district of the victim, the relationship between the defendant and the victim.