(영문) 의정부지방법원 2019.10.11 2019고단2024

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.10.11 2019고단2024

준강제추행

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the owner of the "C" restaurant in Gyeonggi-do, Dongbcheon-si, and the victim D (n, 27 years of age) is a person who worked as an employee of the above restaurant from December 5, 2018 to January 3, 2019.

1. On December 5, 2018, at around 22:00, the Defendant drinks alcohol in the victim, who is an employee of the Defendant restaurant, and the “G” restaurant located in B of Dong-si and B of Dong-si, with a thickness of 00:54, Dec. 6, 2018, the Defendant went into the Hobcheon Habcheon-si, Hobcheon-si, Hobacheon-si, Hobacheon-si, and the Defendant dices alcohol continuously with E during the locking.

At around 04:00 on the same day, the Defendant, while under the influence of alcohol, she was influenced by the victim's side, who was divingd in the bed in the bed, and the Defendant was fluened with the victim's chest and fluence.

Accordingly, the defendant committed indecent act against the victim by using the state of impossible failure to resist.

2. On the 26th day of the same month, the Defendant, at around 05:00, while drinking alcohol with the victim, the victim was off from the clothes of the victim under the influence of alcohol while drinking alcohol, and became only the victim’s breast, fluor, and fluor.

Accordingly, the defendant committed indecent act against the victim by using the state of impossible failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of witness D or E;

1. Each police officer and prosecutor's protocol of statement about D and E;

1. Video recording CDs made by the victim;

1. Each field CCTV photograph, Defendant, and defense counsel asserted to the effect that, under the influence of alcohol at the time of the instant case, the victim was able to physically contact the body of the victim by doing so, such as taking the Defendant’s grandchildren toward his chest and provoking the Defendant’s chest. However, as stated in the facts charged, the Defendant did not commit an indecent act, such as taking the victim’s body part under diving, etc.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant is in the state of failing to resist under the influence of alcohol:

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