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(영문) 부산지방법원 2020.12.18 2020고합449

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is an employee of the Busan Dong-gu B Haststs, and the victim C (the victim, the 27 years of age), the victim D (the 28 years of age) is an employee of the above headings.

On September 20, 2020, the Defendant, from around 20:00 to the next day 04:00 on September 11, 2020, had the victims and other customers drink alcohol with the victims, and the victims were able to commit an indecent act by using a cresh in order for the victims to sleep themselves under the influence of alcohol.

1. On September 12, 2020, the defendant committed the crime against the victim C around 05:27, when the victim was able to gather his hand to the right side of the victim, and then opened the guest room and intrudes into the above room after entering the guest room password, which was memoryd to clean up the guest room, etc., and then, the victim thought that he was under the influence of alcohol. The victim was able to sleep his left hand by his hand, and the victim was able to write down his hand, and the victim was able to write down his hand to the right side of the victim's right side, and the victim was able to write down his hand to the right side side of the victim's right side with his hand, and then use the part from kneeel.

However, in fact, the victim was aware that he commits an indecent act by the defendant, and the victim was faced with his body behind his body and his name.

Accordingly, the Defendant invaded into the room possessed by the victim and attempted to commit an indecent act by force using the victim's state of impossibility to resist, but did not commit the attempted act.

2. The Defendant committed the crime against the victim D, as described in paragraph (1) at the time, place, and as described in paragraph (1), when the victim D intrudes into the above heading room with accommodation, the two floors below the second floor, where the victim, who was under influence of alcohol, puts his hand into the victim’s upper part, and puts his hand into the victim’s upper part and the two chests of the victim into the brode inside the brode, and became the same as the brupt.

Accordingly, the defendant is the victim.