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(영문) 창원지방법원 마산지원 2016.02.24 2015고단711
준강제추행
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On October 21, 2009, the Defendant was sentenced by the Changwon District Court to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (including intrusion, rape, etc.) and completed the execution of the sentence in the Changwon Prison on February 9, 2012.

On August 19, 2014, the Defendant: (a) around 06:10, at the Defendant’s residence located in Changwon-si, Changwon-si, Masan-si, 205, and (b) at the Defendant’s residence, the victim D (the 20-year age), who was drinking together, went off to the bed while under the influence of alcohol, was out of the bucks of the victim, and bucks, chests, and bucks of the victim’s hand, and bucks of the victim.

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

2. Determination

A. The Defendant consistently asserts that there is no indecent act against the victim from an investigative agency to this court.

B. Direct evidence that seems to correspond to the facts charged in the instant case lies in the investigation agency and this court.

E at an investigative agency, “I am in the city of the Defendant’s residence along with “F and G, the victim and the Defendant, and the Defendant’s friendship (H) with the Defendant’s residence, while drinking in the Defendant’s dwelling, the victim and G do not come out of the bed, and the Defendant continued to drink in the bed, and the Defendant and the Defendant are going out of the bed. The Defendant are going out of the bed, and the Defendant are going out of the bed, and going out of the bed on the bed of the bed, the Defendant was h, and there was a humbbbs and hs of the victim who are going out of the bed and female, and the Defendant was knick on the chest.

At the time, No. 11, 11, 11, and 11, 201, were present.

“The 8th day of the investigation record). This court summoned E as a witness, but E, upon being served with a summons of a witness, asked to appear on November 4, 2015, the fourth trial date, and even though this court decided the first fine for negligence, E is subject to the decision of fine for negligence and the summons of witness.

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