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(영문) 의정부지방법원 2018.08.17 2017고단5249

준강제추행

Text

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

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

Reasons

Punishment of the crime

The Defendant and the victim (the age of 18) were related to working in the same spawn Lespa, and around 25 April 2017, the Defendant and the victim got drinking while drinking together in the vicinity of the Namyang-si, Seoul.

On April 26, 2017, the Defendant arrived at the apartment dong located in Namyang-si in order to take a drunk victim around 02:00 on April 26, 2017, and committed indecent acts, such as putting the victim's kis, holding the victim kis while going up through stairs together with the victim who cannot properly hold the body of the breath, and holding the breath in the stairs, and continuously putting the breath and clothes of the breath of the breath of the breath of the breath of the breath.

Accordingly, the defendant committed an indecent act by force against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement;

1. Recording notes;

1. The photograph of the victim and the victim (the defendant and his defense counsel are merely the defendant with the consent of the victim, and the chest was just the defendant and did not forcibly commit an indecent act as stated in the facts charged;

The argument is asserted.

In other words, the following circumstances acknowledged by the evidence of the judgment, i.e., the victim's memory at the time of the prosecution to the investigation agency and this court, but the victim did not agree to the defendant's kis and the chest's delivery, and in particular, the victim's flasing to the flasing.

Along with the fact that the victim made a consistent statement about the part of memory and the part that was not memory, and that he consistently made a statement about the indecent act in D message on the day of the instant case, the victim respondeded to the purport that he was not able to do so, the victim made a statement about the indecent act in this case, the fact that the victim reported the indecent act in this case to the victim by telephone, the fact that the defendant was aware of the indecent act in this case, and the victim made a request for withdrawal of the report.