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(영문) 수원지방법원 2014.07.24 2013고합828
강제추행
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

On July 10, 2013, around 02:40, the Defendant discovered the victim E (inn, 39 years of age) who was waiting for an elevator to return home from the stairs of the first floor of the Manan-gu D apartment, Manan-gu, Manan-gu, Manan-gu, D apartment on the first floor, and caused the desire to return home, and then pushed the victim with the wall, and then put the neck in one arms and the other hand into the body of the victim, and led the victim to force the indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. E statements;

1. Each investigation report (the sequence 1, 7 of the evidence list);

1. Determination on the suspect photograph, apartmentCCTV photograph Defendant, and his defense counsel’s assertion

1. The gist of the assertion is that the Defendant: (a) committed an indecent act as indicated in the judgment, even though the Defendant: (b) committed an indecent act against the victim, when the victim was under the influence of alcohol; (c) did not constitute an indecent act as indicated in the judgment.

2. The following circumstances, which are acknowledged by the evidence revealed as evidence of guilt, namely, ① the victim, who was waiting for an elevator from the investigative agency to the investigation agency at the time and place of criminal fact at the time and place in this court, she saw that the victim she sleeps, and she was sleeped, and the same residents, but she did not see. However, the victim she she sleeps the part of the body from the back to the end of the body, and she throkes the hands above by inserting the hand on the back of the body.

깜짝 놀라서 뒤돌아보려던 찰나에 엘리베이터 문이 열렸고, 마침 남자 배달원도 와서 피고인은 추행을 멈추고 뒤로 물러났다.

According to the first step, when considering the defendant after avoiding the elevator into the elevator, the defendant was "I am to see the face of the party's face" when the defendant takes the unsatisfy in the way that the door closes without facing the elevator.

at the same time.

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