(영문) 대구지방법원 2015.12.08 2015고단4276

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.12.08 2015고단4276

강제추행

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1. The defendant shall be punished by imprisonment for six months;

2. Taking lectures necessary to prevent sex crimes for 40 hours against the defendant;

Reasons

Punishment of the crime

At around 02:00 on July 17, 2015, the Defendant: (a) knew that the studio building of the Defendant located in the Daegu Northern-gu, Daegu Northern-gu does not return home to the police at the late time; (b) thereby opening the door door to the victim, and (c) known that the Defendant had been a police officer, and (d) opened the door to the victim, with the knowledge that the victim had been a police officer again, and (d) went to the house of the victim.

While dividing conversations with the victim, the defendant was able to see the victim's own on the part of the bend, off the clothes, and the victim refused to wear and reject the clothes, he continued to wear the victim's body on the part of the body, and allowed the victim to talk with the victim's sexual organ by taking the victim's hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Voluntary report;

1. The defendant and his defense counsel claim that the investigation report (Attachment to the suspect's letter message, etc.) is not an indecent act against the victim by force, but is a natural contact with the victim's body with the victim's implied consent;

The court below found that the defendant without a close relationship with the victim was able to open the door of the victim's room and find the door of the victim's room. ② The victim's room was a house structure with which the victim's personal identity cannot be confirmed. ③ The victim opened the door and opened the door into the door of a police officer with no understanding of the victim. ③ The defendant was naturally outside the door without the victim's understanding, and the victim divided the victim's conversation with the defendant. ④ The defendant continued to open the door of the victim's room and continued to talk with the victim, ⑤ the fact that the defendant opened the door of the victim's contact with the victim, ⑤ The victim attempted physical contact with the victim, and the victim was able to gather it.

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