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(영문) 서울북부지방법원 2015.11.19 2015고단3421
준강제추행
Text

A defendant shall be punished by imprisonment for six 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

From May 7, 2015, the Defendant, from around 21:40 on May 21, 2015, committed an indecent act against the victim by taking advantage of the victim’s influent state of non-fluence, taking advantage of the victim’s influent state of difficulty to resist, and taking advantage of the victim’s fluent state of difficulty to resist under the influence of alcohol, while drinking alcohol together with the workplace club with the victim’s fluent fee, and taking the victim into the fluent taxi and getting on the fluent taxi. On the other hand, around 00:25, the Defendant committed an indecent act against the victim, i.e., taking the victim’s chest into the victim’s sexual organ.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecutor's protocol of examination of the defendant

1. Statement to C by the police;

1. Investigation report (Attachment of CCTV image data at the Furhers room and compost room), investigation report (report on the result of the confirmation of CCTV images) and defense counsel, while recognizing the facts charged, the defendant and defense counsel have first put the victim's hand into the chest of the victim who tried to close the pleading while recognizing the facts charged;

It shows to the effect that the victim's consent was misunderstood, as soon as the victim's chest was raised, and that the victim was delivered with his/her clothes.

However, there is no extenuating circumstance that the victim, from May 3, 2015 to May 3, 2015, worked at “D” restaurant, and the defendant was not aware of about 4 days before the date of the case, and there was no special close relationship between the defendant and the victim. The victim, after the 'the police,' 'the actual state of the police, 'the victim took a drink,' and 'the victim was well aware of his memory, and then 'the head of the 'the head of the 'the head of the 'the head of the 'the head of the 'the head of the 'the head of the 'the head of the 'the head of

It was difficult to distinguish whether it is a blue or a reality;

There is no memory of how to enter the telecom, and there is a hole in the part of the knife, the knife and the stop.

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