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(영문) 의정부지방법원 2018.05.25 2017고합437
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant in the facts charged in the instant case is a person who operates E Public Notice Board on the fourth floor of the building located in Speaker-si D, and the victim F (V, 36 years old) is a person who resides in the above Public Notice Board and was at Grade II (V).

At around 19:00 on March 23, 2017, the Defendant, at the above E-Public Notice Board around 19:0, had the victim fit himself with the victim while drinking with the victim, and met with the victim’s bucks by hand.

Accordingly, the victim demanded the “balp” accusation, and the Defendant, who caused the victim to throw away from his sexual organ, had the victim take the hand of the victim’s sexual organ, and had the Defendant take the part of the defendant’s sexual organ.

Accordingly, the defendant committed an indecent act against the victim with a physical disability.

2. The Defendant and his defense counsel’s assertion on the date, time, place, and so on stated in the facts charged, performed drinking together with the victim at the time, place, and conducted dancing with the victim as stated in the facts charged, and did not make the victim take the part of the victim’s bucks, and let the victim take the part of the victim’s hand, and let the Defendant take the part

3. Determination

A. According to the victim F’s partial legal statement, F’s police statement, voluntary accompanying report, investigation report, and investigation report: ① The victim, immediately after the case entered in the facts charged, “A person with a disability, the President of the Gowon, who was the president of the Gowon, had the person with a disability forced him/her to drink his/her sexual organ by hand.

“The content of the report was 112 reported by the investigation agency to the instant court. ② The victim consistently from the investigation agency to the instant court, “In the course of drinking with the Defendant, the Defendant was fit for the victim, and the victim’s bucks were met by hand, and the victim was able to take part in the bed while the victim was coming back, but 5 minutes later, the Defendant was able to take part in the bed and bucks of the victim, and the victim was able to take part in the victim’s hand.

It is recognized that ‘the fact that it has made a false statement'.

In light of these circumstances, the defendant shall be fit for the victim as stated in the facts charged in this case, and the victim shall be the victim.

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