(영문) 서울동부지방법원 2016.01.22 2015고단2824

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.01.22 2015고단2824

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On July 28, 2014, from around 02:00 to 03:00 on the same day, the Defendant drinked with volunteers, such as the victim D (19 years old) in which the head of the organization where the Defendant, in head of the Dong-dong in Gwanak-gu in Seoul Special Metropolitan City, belongs to the executive secretary, and found drinking together with volunteers of the same organization, and kiddd with the victim, and locked together with the victim, and locked with the victim. The Defendant was under the influence of alcohol, and kiddd against the victim’s will and panty, exceeded the victim’s sexual organ by hand, and was promptly putting the victim’s sexual organ into the hands.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. On January 30, 2015, from around 02:00 to 03:00 of the same day, the Defendant: (a) enter the F guest room in Gangnam-si, Gangwon-do with the aforementioned volunteers, such as the victim D (19 taxes); (b) kid with the victim; (c) kid with the victim; (d) kid against the victim by using a state of resistance impossible condition; (b) kid against the victim under the influence of alcohol; and (c) kid against the victim’s spanty and panty; and (d) kidd against the victim’s sexual organ by hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Each police statement made to D or G;

1. The defendant and his defense counsel asserts that there is no fact that the defendant committed an indecent act against the victim.

In light of the following circumstances acknowledged by the above evidence, i.e., the victim D’s indecent act as stated in the Defendant’s judgment in line with the investigative agency from the investigation agency to this court.

The statement is made by the defendant's act, damage, victim's perception and response, the situation before and after the crime is consistent and specific, and the victim's statement is inconsistent with the situation at the time of the crime.

유사 판례

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