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(영문) 대전지방법원 2019.11.21 2019고단1830
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is between the defendant and the president of the party head of the Gu, in which the victim B (here, 18 years of age) was her part-time.

On January 12, 2019, between 00:00 to 02:00 on January 12, 2019, the Defendant left the victim's left chest by leaving the chip vehicle (D) of the Defendant near Daejeon Seosung-gu, and leaving the brupter of the victim against the victim's will who was divingd on the top of the steering force under the influence of alcohol, and putting the knick towards the inside of the brue, thereby promptly leaving the victim's chest.

Accordingly, the defendant committed indecent act against the victim who is in a state of impossible failure.

Summary of Evidence

1. Legal statement of the witness B;

1. A protocol of examination of part of the defendant by prosecution;

1. The defendant and his defense counsel asserted that the victim did not have been able to resist at the time of the instant case, even if the victim was in such a state, the victim did not know of such state and did not intend to use the text message, and thus, there was no intention to commit indecent act by compulsion. Thus, the evidence duly adopted and investigated by this court and the following circumstances recognized by this court are consistent and specific from the investigative agency to the court of this case, the situation where the victim was her driver's vehicle and the circumstances leading up to the defendant's indecent act, the method, and the situation at the time. The victim stated that the victim was credibility in the statement. The victim stated to the effect that the victim was aware of the victim's indecent act under the influence of alcohol as stated in the criminal facts of this case by doing the same act as stated in the judgment of the court, and that the victim committed an indecent act against the victim under the influence of alcohol as stated in the instant criminal facts of this case, and that the victim did so at least did so.

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