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(영문) 수원지방법원 성남지원 2015.05.29 2014고단3196

준강제추행

Text

The defendant shall be innocent.

Reasons

1. On June 26, 2014, the Defendant, including the victim C (Y, 32 years of age), was on the part of the Defendant’s workplace movement with the victim, who was under the influence of alcohol, was on board the victim’s vehicle, and then a substitute driver was driving the said vehicle at around 22:0 on June 26, 2014, and then parked the said vehicle on the road in front of the victim’s home at Sungnam-ro, Sungnam-ro, and parked the said vehicle at a different place, and tried to commit an indecent act against the victim by reporting the form of the victim, who was under the influence of alcohol by seating in front of the right side of the said vehicle. After getting on the above vehicle, the Defendant was able to write the front side of the said vehicle on his/her own hand and use a negative part in front of the victim’s chest.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

2. As evidence corresponding to the facts charged in the instant case, the statements made by the victim in the court and the investigative agency and the conversations made between the Defendant and the victim after the instant crime are recorded.

The following circumstances acknowledged by the evidence duly admitted and adopted by the court of this case: ① at the time of this case, the victim was in a state of drinking alcohol to the extent that the body cannot be accumulated in the meeting; ② at the time of this case, the defendant and D, a company partner, accompanied a substitute driver to the victim and put the victim in the place where the victim was living in the house; ② the victim was forced to go out of the vehicle due to personnel infinite, and the victim was forced to go out of the vehicle without any physical contact. ③ The defendant and D were forced to break out the victim and move back to another place; ③ the victim was called from the male-gu, after having arrived at the home, and the victim was finited by the defendant in the condition that the victim was able to resist, but he was able to commit an indecent act by the defendant under the condition that the victim was able to resist, while the defendant was using the victim's mental condition.