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(영문) 광주지방법원 해남지원 2014.09.03 2014고단82
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant was admitted to the Gwangju Correctional Institution U.S. room 1/12, located in the Gwangju Northern-dong, Gwangju-gu, and lived with a volunteer (referring to a person with a high rank in the order of priority determined internally by the prisoner, and a structure to obey the instructions of the volunteer) by other prisoners. On May 7, 2013, when the victim C (ma, 33 years old) was assigned to the above confinement room and had the Defendant live together with the Defendant, the Defendant was willing to forcibly commit an indecent act by taking advantage of his status in the confinement room as above.

1. From around 01:00 on May 10, 2013 to 02:00, the Defendant used the gaps in the above confinement room by the victim’s chest and her fel, which had been divingd by other visitors, in his/her own side, and her fel and fel. The victim divided the victim’s arms and legs into his/her own arms and legs to spread this end, and pressure the victim’s resistance.

Since then, the Defendant exceeded the victim's pantyty, applied three metric tons with the victim's panty to the victim's resistance, and applied his fingers and the sexual organ into the victim's resistance, thereby committing an indecent act by coercioning the victim's fingers and the sexual organ into the victim's resistance.

2. From around 01:00 on May 11, 2013 to around 02:00, the Defendant: (a) prevented the victim’s resistance in the above confinement room by the method as referred to in paragraph (1); and (b) committed an indecent act by force against the victim by the said method.

3. From around 01:00 on May 13, 2013 to 02:00, the Defendant, at the above accommodation room,: (a) had the victim prompted with his own sexual organ so as to avoid indecent act by compulsion from the Defendant; (b) placed the victim’s head back to his/her own organ by neglecting the victim’s resistance; and (c) forced the victim to force him/her to commit indecent act in the same manner as in paragraph (1).

Accordingly, the defendant committed an indecent act on three occasions.

2. We examine the judgment, and the facts charged in this case are set forth in Article 298 of the Criminal Code.

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