(영문) 서울중앙지방법원 2013.06.05 2012고단6492

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(영문) 서울중앙지방법원 2013.06.05 2012고단6492

준강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 28, 2012, at around 23:55, the Defendant committed an indecent act against the victim by taking advantage of the victim’s state of difficulty to resist, such as: (a) around the 112 subway 1, the subway 112 subway 1, the Defendant:55, on September 28, 2012, the Defendant: (b) considered the victim C (the 20-year-old-old-year-old-year-old-year-old-old) to be locked within the electric car in operation of the subway 112 subway 1, the erode station; (c) considered that the victim C was under the influence of alcohol; (d) was seated on the side seat of the victim; and

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some prosecutors and police suspect interrogation records of the accused;

1. Application of the police protocol law to C

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act and the defense counsel's assertion on the assertion of the defendant's defense counsel of the order of provisional payment asserts that the defendant sits in the victim's side seat to assist the victim under the influence of alcohol, and knenee and knee of the victim, and that the victim was knee and knee of the defendant's knee, so the defendant did not have any intention to commit an indecent act at the time.

The following facts and circumstances acknowledged by the evidence adopted earlier, namely, the victim was under the influence of alcohol to the extent that the victim was unable to hold his body at the time, and the defendant was seated in the victim's side seat and brought the victim's grandchildren and shoulder. However, even though the defendant's above actions were attributable to the intent of aiding the victim under the influence of alcohol, the victim was forced to the young female under the influence of alcohol, but the victim was forced to take the custody of his/her shoulder or hand, while he/she was under the influence of alcohol, and the victim was also aware of his/her body by being drunk.

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