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(영문) 의정부지방법원 고양지원 2014.09.26 2014고단585

준강제추행

Text

The defendant shall be innocent.

Reasons

1. The Defendant, at around 00:00 on February 20, 2014, committed an indecent act by force against the victim E (the 29 years old) and the victim E (the 29 years old) who came to know of the Defendant’s work in the factory located in P, a few months prior to drinking, while the victim was under the influence of drinking three diseases, she takes the victim who was under the influence of drinking three diseases into the above office, and she took the victim who was under the influence of drinking and was under the influence of drinking the victim into the above office.

2. The Defendant’s assertion did not commit an indecent act by taking advantage of the victim’s state of impossibility to resist, and the victim’s constructive consent is deemed to exist, and thus, the illegality is dismissed.

3. Determination

A. According to the records, it is reasonable for the victim to have a general female to the extent that the alcohol on the day of the instant case was breath, and the defendant also tried to take part in the victim's breath and breath in the case where the victim was breathing to the office of the instant case, so the victim was under the influence of alcohol and the defendant later recognized that the victim was breath of the right hand into the victim's clothes, and that the defendant was breath of the left chest, and such circumstances are consistent with the facts charged.

B. Meanwhile, according to the records, the victim recorded the conversation that the defendant gets on the left chest by using a mobile phone, and she acted to report by using a mobile phone, and she committed a significant sound, and she sent the defendant's vehicle number to her mother if she wants to leave the office of this case by a text message. When she takes on and moves the defendant's vehicle, she made a conversation that the defendant requests to see his chest and to see the mistake that she gets on the part of her chest, and recorded it by a mobile phone, along with the defendant, she was investigated into the police station and the criminal case of the Pakistan Police Station via the Geum-gu Police Station Unit, and the victim's own volume.