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(영문) 수원지방법원 안산지원 2016.08.31 2016고단2731
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Defendant, Victim B (n, 32 years old), and Victim C (n, 24 years old) are persons who were aware of each other while engaging in activities as “F visa”, a person who broadcasts drinkingly on the Internet website (E) in dialogue with the participants.

1. On March 9, 2016, the Defendant committed an indecent act by taking advantage of the victim’s resistance impossible condition at around 03:00 on March 9, 2016, the victim B, who continued drinking at the site of the first floor of the building and the main place of the building located in the G in the Pulsung City, and at the site of the interior of the main place, continued drinking.

At around 04:00 on the same day, the Defendant got out from the back of the victim being divingd by him at the above place, and she was her her mar in front and rear, and was her marel.

The defendant continued to look back with the victim's chest in front of the damage of the victim's sexual organ and back to the victim's rear side. The victim's chest was her tur, her tur, and her tur, before and after the victim's sexual organ.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

2. On April 13, 2016, the Defendant: (a) around 09:00 on April 13, 2016, in drinking alcohol with H, 203, Namdong-gu, Incheon, the residence of the said B, and H, 203, B, and C (the age of 24 years), and (b) had the victim C report in sofacing so that it would commit an indecent act by taking advantage of the victim’s resistance impossible condition.

Around that time, the Defendant was able to gather the hands into the victim's panty panty, and became the sound of the victim by inserting it into the victim's panty.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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