준강제추행
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. On April 23, 2018, the Defendant: (a) around 21:00, at the main point of “C” operated by the Defendant on the second floor of Jongno-gu Seoul Metropolitan Government building B; (b) reported that the victim D (the first customer, the second customer, the second consumer, 20 years of age) drinks a mixed drinking; (c) took the victim’s horses; and (d) provided the two-way alcohols from around 03:00 to around 04:30 of the following day, the Defendant continued to drink the two-way alcohol to the victim who drinks a mixed drinking or a mixed drinking.
계속하여 피고인은 2018. 4. 24. 04:30경 피해자가 만취하여 저항하기 어려운 상태가 되자 갑자기 피해자를 껴안고 피해자의 입술에 입을 맞추고 중앙 테이블 위에 피해자를 눕게 한 후 피해자의 바지와 팬티를 벗기고 “다리를 벌려”라고 말하며 피해자의 음부를 손으로 만지고 혀로 핥았다.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.
2. The assertion and judgment
A. At the time of the instant assertion by the Defendant and the defense counsel, D was not in the state of impossibility to resist, and the Defendant was aware that D was unable to resist, and did not commit an indecent act by using it.
B. The burden of proof for the facts charged in a criminal trial is the prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(2) Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits indecent act by taking advantage of the person’s mental disorder or state of failing to resist shall be punished as the crime of rape or indecent act under Articles 297 and 298 of the Criminal Act.
Here, the state of impossibility to resist is in conflict with Articles 297 and 298 of the Criminal Code.