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(영문) 광주지방법원 순천지원 2016.01.06 2015고단1693

준강제추행등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 6, 2015, at around 05:32, 2015, the Defendant assaulted the victim’s head debt with a defect that was found out of the room to make a report while she resisted against the victim F. (the 22 years old) that she was sleeping that she was sleeping his/her chest at around 15,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes concerning witness F's legal statement;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is confined to a workhouse;

1. The summary of the facts charged is as follows: (a) the Defendant, at around 05:30 on April 6, 2015, performed alcoholic beverages with four persons, including the victim F (n, 22 years of age) at the “Eju store” located in 15, 2015, around 05:30; (b) the Defendant, under the influence of alcohol, took the victim’s bridge on his/her own bridge, left the victim’s bridge on his/her bridge; and (c) took the victim’s buckbucks on his/her own hand; and (d) put the victim’s left chest on his/her bridge, she committed an indecent act by taking advantage of the victim’s resistance impossible condition.

2. First of all, the determination of whether the defendant delivered the victim's chest, there are statements from the victim and G's investigative agencies and court as evidence corresponding thereto, but the following circumstances acknowledged by the record, i.e., the victim was in charge of his head immediately after the instant case.

H을 범인으로 의심하고 H의 빰을 때린 점, 피해자는 G에게 머리 위쪽에서 가슴 만지는 느낌을 받아 H을 범인으로 의심했다고

Although talking, (G's legal statement) the Defendant was suspected of committing the crime from the beginning, making a statement that the Defendant was her for a long time by taking her hand on the port in this court.

상반된 진술을 하고 있는 점, 피해자는 누군가 자신의 다리를 만지는 걸 느꼈을 때 잠에서 깼다고 진술하고 있는데 아랫배 쪽으로 손이 들어와서 가슴을 만졌다면 당시 피해자의 티셔츠가 치마 속에 들어가...