(영문) 광주지방법원 2020.10.07 2020고단55

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(영문) 광주지방법원 2020.10.07 2020고단55

준강제추행등

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A defendant shall be punished by imprisonment for not more than ten months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On September 13, 2019, the Defendant: (a) around 02:48 on September 13, 2019, the Defendant: (b) on the street in the Seo-gu in Gwangju-gu, the victim D (the age of 51) who fluencing alcoholic beverages together with the first day before the previous day, did not fluorize the body; (c) opened the victim’s drinking fluor on the floor; (d) opened the victim’s drinking fluor; and (e) opened the victim’s drinking fluor on the floor; and (e) laid the victim’s drinking flu

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist.

2. On September 13, 2019, at around 02:56, the Defendant: (a) committed an indecent act against the victim who took advantage of the foregoing at the places specified in paragraph (1); (b) took advantage of the victim’s Handbag, thereby cutting down KRW 110,000 in cash, which is owned by the victim, from the victim’s handbags.

Summary of Evidence

1. The defendant's partial statement in court as witness D;

1. Each legal statement of witness E and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The second police interrogation protocol of the defendant contains some statements;

1. The police statement concerning F;

1. The Defendant and the defense counsel’s assertion regarding the Defendant and the defense counsel’s assertion by cutting down the CCTV images on the spot of CCTV Nos. 1 CDs, on the ground that the Defendant and the defense counsel did not have any intention to commit indecent act on the part of the victim, on the other hand, on the ground that the Defendant and the defense counsel, on the part of the Defendant and the defense counsel, were aware that the victim was able to pay money from the victim’s wall because the victim would pay for the theft as stated in the judgment of the lower court, on the other hand, on the ground that the victim could not be seen as being able to satisfy, as the victim’s satisfy was satched.

It shows to the effect that there was no intention of larceny because there was a circumstance that could be mistaken for the victim's understanding.

The defendant's statements in the investigative agency and in this court, the witness F's investigative agency and in this court, the witness E's statements.

유사 판례

-대구지방법원 2016.10.11 2016고단2180

-울산지방법원 2013.06.28 2012고합460

-수원지방법원 2014.12.02 2013고합677

-전주지방법원 군산지원 2015.01.30 2014고합180

-광주지방법원 순천지원 2019.02.15 2018고단1275