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(영문) 대전지방법원 논산지원 2020.02.12 2019고합51
준유사강간미수
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a student group as a student group with the same division as a victim B (a family name, a female, 19 years of age) university, and is known to him.

On May 24, 2019, the Defendant, together with the officers of the student conference including the victim, was able to conduct LT (hereinafter “LT”), from 20:30 on the same day to 05:00 on May 25, 2019, she provided meals and drinking games at the same place, and drink with the victim. On May 25, 2019, around 05:00 on May 25, 2019, the Defendant was able to sleep the above room with three executive officers of the student conference as well as the victim, and the victim entered the room thereafter, and was locked from the Defendant’s side.

Around 08:00 on May 25, 2019, the Defendant discovered that the victim was able to enjoy as if he were the victim’s side, and recognized that the victim was defective or unable to resist, and taking advantage of such condition, the Defendant met the victim’s chest 2-3 times from the clothes, and met the victim’s chest her chest with the brush of the victim.

In addition, the defendant confirmed once again whether the victim was divingd by the victim's her snow on the side by putting the victim's her finger, and then, the victim's chest was her chest by inserting the victim's her brogate, and the victim's her chest was living together with the victim's her chest, while the victim's sexual flag was her part, the victim's sexual flag was her panty part, and the victim's sexual organ was her panty part, and the victim's her finger was her one-half of the victim's sexual organ. However, the victim appeared as a witness in this court and stated it clearly as one time, and even if the number of times is specified within the scope of the facts charged, the defendant's defense is not impeded.

As such, it shall be corrected ex officio.

In this regard, the Defendant was aware that the victim was in a state of mental or physical disability or inability to resist.

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