logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.02.07 2019고합159
준강제추행등
Text

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

Reasons

1. Facts charged;

A. A quasi-indecent act by compulsion: (a) on May 20, 2018, from around 04:00 to around 08:00 on the same day, the Defendant committed an indecent act by compulsion by force, such as, among others, under the clothes of the victim B (age 22), who was under influence of alcohol in a mutual influence located in the vicinity of the Seoul Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “nex, 22 years of age), the Defendant committed an indecent act by force, such as influence of the victim’s her hand, the Defendant

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

B. The Defendant, from around 00:03 on May 26, 2018 to 07:00 on the same day, exceeded the clothes of the said victim under the influence of alcohol in Gwangjin-gu, Seoul, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

2. Determination

A. Although there are the witness B’s legal statement and each police statement about B as evidence consistent with this part of the facts charged, in light of the following circumstances revealed by the evidence duly adopted and investigated by this court, each of the above evidence is difficult to believe, and the victim was in the state of mental disorder or failing to resist.

There is no clear evidence to prove that the defendant committed an indecent act by taking advantage of the above status of the victim.

① Around November 2017, the victim first known of the Defendant through the Fluxation called “Stockholm-gu,” and got a male-child door back, the victim obstructed the Defendant from Stockholm-gu to Stockholm-gu, but, around April 25, 2018, became an online call from the Defendant to Stockholm-gu. In short, the victim appears to have given and received online dialogues with the Defendant.

② At around 14:00 on May 19, 2018, the Defendant and the victim drinked 3,000cc 1 and 500cc 2-3 residues in “E”, and at the time, the victim drank 3,00c and 500cc 2-3 residues.

arrow