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(영문) 서울동부지방법원 2020.02.20 2019고합361

추행약취등

Text

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

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

Reasons

Punishment of the crime

1. Around August 6, 2019: (a) around 03:30 on August 6, 2019, the Defendant: (b) was under the influence of alcohol on the street in Songpa-gu Seoul Park; (c) discovered the victim D (Gain, 26 years of age) who was used on the floor; (d) was fright to commit an indecent act by leaving the Defendant’s residence; (c) was fright to fright the victim in the Defendant’s workplace; and (d) was fright to fright the victim in the vicinity of Songpa-gu Seoul E, Songpa-gu; and (d) led the victim to the Defendant’s residence located in Songpa-gu Seoul Metropolitan Government F on the same day.

Accordingly, the defendant kidnapped the victim for the purpose of committing indecent acts.

2. On August 6, 2019, the Defendant violated the Fraud and the Specialized Credit Financial Business Act, around 03:37, when boarding a taxi driven by the victim G in the street near Songpa-gu Seoul, Songpa-gu, Seoul, and 03:42 on the same day, he taken off a debit card (credit card No. H) of one bank from the bank of the above D without permission from the victim who lost his mind under the influence of alcohol in front of the residence of the above Defendant at around 03:42 on the same day, and had the victim pay 5,100 won for the taxi fee as if the Defendant had legitimate authority to use the said card.

Accordingly, the Defendant, by deceiving the victim as above, acquired the pecuniary benefits equivalent to KRW 5,100 from the victim and used the stolen debit card.

3. A quasi-indecent act by compulsion on August 6, 2019: (a) on August 6, 2019, the Defendant: (b) she spared the victim D, who was deprived of mind under the influence of alcohol; (c) she went into the Defendant’s residence; and (d) she was off the victim’s booms and reflects.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's loss of mind or failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. The police statement concerning G;

1. relation to the verification of CCTV images at the place of the investigation report, CCTV analysis at the place of occurrence, and CCTV around taxi riding;