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(영문) 청주지방법원 2020.06.12 2020고합73
준강제추행등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the main point of “C” in “Cheongju-si,” and the victim D (the age of 28) from September 2019 to September 1, 2019, is an employee who served as a part of drinking and drinking together with customers at the above main point.

1. At around 03:00 on November 7, 2019, the Defendant: (a) 03:00, the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol and was under the influence of softening softening sof that the Defendant was under the influence of the Defendant, thereby holding the Defendant in custody of the Defendant’s fingers, thereby holding the Defendant’s fingers under the victim’s panty line.

Accordingly, the Defendant committed indecent act by force against the victim by taking advantage of the victim’s mental or physical state of difficulty.

2. A quasi-Rape: (a) on November 14, 2019, between 04:00 and 04:30, the Defendant: (b) caused a victim, who was under the influence of alcohol and was diving in a resting softening soften; (c) was seated; (d) however, the victim was unable to resist, and (e) was able to do the act of similarity against the victim by taking advantage of the fact that the victim was in a state in which he could not resist, such as being unable to properly

Accordingly, the defendant added his hand to the victim's blost, blosted his breast, added his hair to the victim's blost, added the victim's head to the victim's blost, added his sexual organ into the victim's blost, and blosted the victim's head in front of the victim's blost, and blost and rear the defendant's sexual organ.

The Defendant continued to get off the string of the victim in order to walk, and panty and panty up to the victim’s buckbucks, and inserted the finger into the victim’s negative part.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. On-site photographs and CCTV images;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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