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(영문) 서울중앙지방법원 2014.05.09 2014고단1064
준강제추행
Text

The defendant shall be innocent.

Reasons

The defendant and the victim C(n, 22 years of age) are the same departments and motives of the same university.

After the military expulsion, the Defendant returned to the University on September 2013, and received the victim’s assistance in the course of study, etc., and exchanged the victim with contact.

Around October 28, 2013, the defendant and the victim met with the family council in which the victim's residence is located.

On October 28, 2013, the Defendant appeared to have the victim scam in the process of drinking the victim’s speech at the “E cafeteria” located in Guluri-si D and the “Fnori-gu” located in the vicinity of Guluri-si.

At around 21:25 on the same day, the Defendant left the victim as a plan for the heading room of the H third floor located in Guri-si G, and committed an act, such as inducing the victim to commit an indecent act against the victim who was under the influence of alcohol, taking the victim's body into mind, raising the victim's chest, prompting the victim's chest, and spreading the victim's chest by hand.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

However, as evidence supporting the facts charged in this case, the victim’s statements at investigative agencies and courts and the victim’s text of Kakao Kakao is located between the defendant and the victim.

The victim asserts to the effect that the victim committed an indecent act with the knowledge that he was locked or she was unable to resist under the influence of alcohol, and that the victim committed an indecent act with the knowledge that he was locked or she was unable to resist, while the victim was able to do so in singing in the singing room, such as memory with the Defendant’s singing of singing, and the Defendant’s singing of body in the singing room.

According to the statement of the defendant and the victim, the defendant and the victim appear to have a considerable amount of drinking alcohol as three soldiers in the field of drinking, and even according to the police statements of the defendant, the victim want to take the drinking in the singing room and the victim want to do so.

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