(영문) 의정부지방법원 2020.02.06 2019고단3412

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.02.06 2019고단3412

준강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 04:30 on April 13, 2019, the Defendant, along with the victim D (n, 18 years of age), who is the school motive at a three-story graduate school center of the BK, Macheon-si, BK-si, Macheon-si, BK-si, 201. After drinking, the Defendant her fingers with the victim's brogate, her fingers under the influence of alcohol, and her chests on several occasions.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the state of unable to resist due to being drunk.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Determination as to the defendant and defense counsel's assertion in writing of DNA

1. The summary of the argument was that the defendant sent the victim's chest once at the time of the instant case, but further, the defendant did not look at the victim's chest on several occasions or did not look at the victim's negative part.

2. The following circumstances that can be acknowledged by the evidence revealed earlier, i.e., (1) the victim 5:35 minutes prior to the occurrence of the instant case on the day of the new wall 5:35 minutes prior to the occurrence of the instant case, and (2) the victim from that time to that of the instant case, consistently stated the Defendant’s indecent act in detail to the effect that “the victim saw the victim’s chest by inserting his finger into the victim’s brogate, making the victim’s fingers one time, cut the victim’s chests on the part of the victim’s brode, and brupted two times on the part of the victim’s fingers.” (The investigation record Nos. 10, 27, and D’s protocol of examination of the witness), and (3) the victim kiding the victim’s chests, even if the victim kidd up two times due to the victim’s brush of drinking, it is difficult to see that the Defendant’s chest was burd up.

유사 판례

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