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(영문) 전주지방법원 2020.12.23 2019고단2297

준강제추행

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On July 4, 2019, between 03:30 and 06:15 on July 4, 2019, the Defendant, at the C Hospital 302 room in Yansan-gu B, Jeonju-si, and at the bend unit where the victim D (one's name, half's age, and 22 years old) got together to the bend unit of the victim who was locked.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.

2. The defendant and his defense counsel's assertion and judgment

A. At the time, the Defendant’s assertion of the defense counsel met with the Defendant at the time and entered a hospital other than the number of rooms, and did not commit an indecent act against D, but did not intend to commit an indecent act.

B. In light of the following circumstances revealed by the record of judgment, each evidence submitted by the prosecutor, such as D and E, etc., such as the Defendant’s behavior and before and after the Defendant’s statement, in contrast to the aforementioned assertion, the Defendant committed an indecent act by deceiving D’s body.

It is insufficient to conclude that there was an intent to commit or commit an indecent act.

(1) At night 12:00 p.m. on the same day, the Defendant: (a) was hospitalized as the foregoing hospital No. 304; (b) 5 f.m. and 4 m. f.m. at the nearby drinking house; and (c) f.m. d. d. d. d. 304 and f.m. d. d. d. k

The Defendant, at the six o'clocks of the Defendant, was found to have been in the beds where D was located in the above hospital No. 302, but the Defendant also opposed to D's location, head, and origin.

The defendant got out of the above hospitalization room, saying that there are two streets around D's happiness, "a crime is transmitted" and went out of the above hospitalization room.

Considering these circumstances, the defendant seems to have been under the influence of alcohol at the time.

She also, in light of the fact that the defendant was hospitalized at around 4 p.m. on July 3, 2019, the preceding day, the defendant was not well aware of the structure and placement of the above hospital.

On the other hand, D visits to the above hospital 302, which is hospitalized by male friendly G, and sleep together with G.

However, the above hospital is located.