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(영문) 대전지방법원 천안지원 2018.05.16 2017고합231
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

The defendant shall be innocent.

Reasons

1. On April 20, 2017, the Defendant found the victim who was sitting down on the floor while drinking together with the friendly arrest F, F, and the victim G (the 25 years old) who is the f's seat at the “E” drinking house located in Northern-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant: (a) discovered the victim who was sitting down at the above drinking house's female toilet; (b) intruded into the above president's room; (c) confirmed the victim's bucks; and (d) intruded the victim's bucks one time; and (d) after the victim's et al., al., 2-3 times the victim's chests were laid down for about 20 minutes despite the victim explicitly expressed his/her intention of refusal.

Accordingly, the defendant invadedd another's structure managed by the defendant and forced the victim to commit an indecent act.

2. The Defendant and his defense counsel asserted that they were bread while drunk and bread to the toilet floor in order to rescue the victims who are sitting on the toilet floor in a state of personnel in a state of influence.

In the process, the victim's bucks or bucks the arms of the victim, but there is no intention that the victim's chests or bucks were involved in indecent acts.

3. Determination

A. According to CCTV images installed at the entrance corridor of a toilet, the following facts can be acknowledged:

1) After the lapse of 32 minutes of the victim's entry into a toilet, the Defendant saw the victim's external speculation and caused the victim to find and enter the toilet.

2) Since then, the Defendant became aware of and back the part of the victim, and led the victim to the toilet.

At the time, the victim was unable to take the influence of alcohol at all.

3) The Defendant, at the entrance of the toilet, exceeded the amount of double-entry liability imposed on the victim.

The defendant has caused the trade between the defendant and the victim, or the trade, shoulder, etc. of the victim.

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