(영문) 서울중앙지방법원 2017.09.27 2017고단5338

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.09.27 2017고단5338

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

Punishment of the crime

On September 4, 2016, at around 01:03, the Defendant discovered the victim E (the 26-year-old, household name) who was under drinking in the vicinity of D located in Jung-gu Seoul Metropolitan Government, and was able to see the victim’s body, by putting the victim under the above D’s bridge in a way that it is difficult to resist any resistance due to the rashing of the victim’s body, putting the victim under the above D’s surface on the body of the victim who was under the influence of rashing the victim’s body, putting the damaged person on the left side of the victim’s body, putting the damaged person on the right side of the victim’s body, putting the victim’s hearing part of the victim’s nash by other hand, and putting the part of the victim’s hearing part of the victim’s nash and the part of the part on the part on the part on which the nash part is left.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written statement;

1. A gene appraisal report;

1. A gene appraisal report (A);

1. The 112 Report Processing List [the Defendant is not under the influence of alcohol at the time, and the victim committed the instant crime with her frightness, and thus, the Defendant denies the instant facts charged to the effect that there is no indecent act against the victim.

However, at the time, the victim was in a state of mental and physical loss or resistance impossibility by drinking so that the victim had a normal judgment ability and caused the indecent act by the defendant or consented to the indecent act by the defendant.

As can not be seen, this part of the defendant's assertion is without merit, unless the victim proves that he was not in a state of mental or physical loss or arbitrariability due to drinking).

B. The indecent act of ASEAN refers to an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, which infringes on the victim's sexual freedom.

유사 판례

-인천지방법원 부천지원 2017.09.08 2017고합50

-광주지방법원 2018.05.11 2017고합594

-인천지방법원 2018.02.22 2017고합690

-부산고등법원 2018.02.07 2017노609

-서울중앙지방법원 2017.01.05 2016고합991