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(영문) 부산지방법원 동부지원 2020.01.15 2019고단1752

준강제추행미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 8, 2019, the Defendant and the victim B (n, 25 years of age) and the victim C (n, 24 years of age) had graduated from the construction department of D University, and around June 21, 200, the time began to drink together with the gathering at the victim B's house located in Nam-gu, Busan, Busan, and became locked as of the following day.

1. Around 02:00 on June 9, 2019, the Defendant attempted to force the victim B to commit an indecent act by force against the victim B at the home of the above victim B, with the intent to force the victim who was intending to sleep at the bed at the bed, and the victim was aware that the victim was locked and the victim was locked, and the victim’s her buck and buckbucks were met with her hand, and the victim’s bucks continued to her hand.

As a result, the Defendant attempted to commit an indecent act against the victim by taking advantage of the victim’s mental or physical state of mental or physical failure to resist, but the Defendant did not have been able to commit an attempted act.

2. A quasi-indecent act committed against the victim C;

A. After committing an indecent act against the victim B at the date, time, and place mentioned in paragraph (1), the Defendant committed an indecent act against the victim B, committed an indecent act against the victim who was intending to sleep on the floor. The Defendant, knowing that the victim was locked and was locked by the victim, had the victim collected his hand with the victim’s Titts, and got off his part and her part.

B. At around 03:30 on June 9, 2019, the Defendant, at the house of the above victim B, had committed an indecent act, such as the Defendant’s 2-A, committed an indecent act, and went out of the house in which the Defendant was suffering from the Defendant’s scambling and attempted to sleep again, and had the victim committed an indecent act again, and the Defendant was aware that the victim was locked with the victim, and was able to bring his hand into the victim’s scams and part of the victim’s scams.

In this respect, the defendant tried to commit an indecent act against the victim by taking advantage of the victim's mental disorder or inability to resist.