(영문) 서울북부지방법원 2018.01.26 2017고합502

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줄 간격

자간(%)

(영문) 서울북부지방법원 2018.01.26 2017고합502

준유사강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 01:00 on September 16, 2017, the Defendant: (a) placed his/her own residence in Seoul Special Metropolitan City Nowon-gu C 1316; (b) placed his/her hand in the inner clothes of the victim D (n, 25 years old) who was under influence of alcohol and was unable to resist due to alcohol; and (c) placed his/her hand in the part of the victim.

After all, the Defendant committed an act against the victim such as fingers, etc. in the body body part.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Statement made by the police for E;

1. The particulars of each Fation [the defendant and his defense counsel did not put the fingers of the victim at the time of the instant case;

The argument is asserted.

However, since the victim was unfortunateed from the police to this court, the victim had already inserted his fingers into the body of the defendant.

was stated.

around 10:24 of the F content that the victim sent to E, etc. as well as the Defendant’s friendship on the day of the instant case, “F” to E in around 14:43 of the “I ambling to and in the series of hands te in the past, I ambling the same fact of damage to E,” and “I ambling the same fact of damage to E, even after the victim’s son.

In light of the fact that the statement, the victim had been friendly for about two years before the defendant and the victim, and there is no particular motive to make a false statement, the above statement has credibility.

On the other hand, the Defendant was unable to accurately memory all the circumstances of the Defendant’s drinking at the time of the instant case at the police station, and the Defendant was not suckbucks with the victim’s hand and the body of the victim’s body. On the other hand, the Defendant, even though inserted the victim’s handbucks into the victim’s drinking part, is likely to be bucked.

The self-recognition was recognized.

In full view of these circumstances, the defendant can fully recognize the fact that the defendant inserted the fingers into the part of the victim's sound, and therefore.

유사 판례

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