성폭력범죄의처벌등에관한특례법위반(특수준강제추행)
Defendants shall be punished by imprisonment for one year and six months.
However, it is against the Defendants for two years from the date the judgment became final and conclusive.
Punishment of the crime
Defendant
A and Defendant B are friendly, and Victim E (58) is the wife of Defendant A and Victim F (61) is the wife of Defendant B.
피고인들은 2017. 4. 11. 20:00 경 경북 울진군 G 건물, 103동 304호에 있는 피고인 A과 피해자 E의 주거지에서 피해자들과 함께 술을 마시던 중 피고인 B가 술에 취하여 일어나지 못하자 피고인 B와 피해자 F은 피고인 B가 술에서 깰 때까지 위 주거지 거실에서 자기로 하였다.
On April 12, 2017, Defendant B asked Defendant B to commit an indecent act against the victims who are the wife of each other by stipulating that Defendant B “I am off one time from the night.” Defendant A is able to look at the negative part of the victim F who is under the influence of alcohol in the above dwelling space, and Defendant B was able to take the negative part of the victim E who is under the influence of alcohol in the inside of the above dwelling space. Defendant B was able to take the negative part of the victim E who is under the influence of alcohol in the above dwelling space.
As a result, the Defendants committed indecent acts by using the victims' resistance impossibility.
Summary of Evidence
Defendants of each legal statement made by each of the Defendants in the police interrogation protocol E, each police statement made to F (Attachment to the statement of 112 processing of the case), and the Defendants of the relevant legal provision as to facts constituting an offense subject to the application of statutes applicable to attached materials: Articles 4(3), 4(1), and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act; the former part of Article 37 of the Criminal Act; Articles 38(1)2 and 50 [aggravating concurrent crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims F with heavier Crimes] Articles 37, 38(1)2, and 50 [aggravating concurrent crimes of violation of Article 5(3) of the Criminal Act concerning the punishment of sexual crimes against victims E with heavier punishment] Articles 5(1)2 and 50 of the Criminal Act