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(영문) 서울남부지방법원 2019.01.24 2018고합486

성폭력범죄의처벌등에관한특례법위반(특수강제추행)

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for two years.

except that this judgment.

Reasons

Punishment of the crime

Defendants are friendly-gu and victims D(25 years old, intellectual disability 2 level) are the relationship in which the Defendants became aware of the victims through the introduction of E.

1. Violation of the Punishment of Violences, etc. Act (joint violence) by Defendant B;

A. On December 17, 2017, the Defendant: (a) around 17:00 on the early 17:00, while playing the same-friendly job offer in GPC room located in the F and the third floor in Guro-gu Seoul, and together with the victim, and (b) on the ground that the Defendant was unable to make a well-known game; (c) the Defendant was called “I am well-known;”; and (d) the Defendant went back the Defendant’s arms and arms on drinking, etc.; and (d) the Defendant got off the arms of the victim for drinking.

Accordingly, the defendant assaulted the victim jointly with E.

B. On December 2, 2017, the Defendant said, “Woo” on the ground that the victim was able to use the horses in front of the new wall, Guro-gu Seoul Metropolitan Government, on the ground of the victim’s horse, and her hand when the victim’s clocks several times with her hand, and “E” took time when the victim’s chests were her hand.

Accordingly, the defendant assaulted the victim jointly with E.

2. On December 29, 2017, the Defendants conspired to commit an indecent act by committing an indecent act against the victim’s sexual intercourse while meeting in light of the Special Act on the Punishment, etc. of Sexual Crimes (special indecent act by force) around 02:00, when the Defendants sent back to the GJ building in light of light and the Defendant A’s residence in K, the victim was under influence of alcohol, and the victim’s sexual intercourse.

According to the above conspiracy, the Defendants entered the bed bank where the victim was her own, and Defendant A took the upper body of the victim into two arms, Defendant B took a bridge with both the victim who shouldered and resisted from diving, and her panty off the victim’s her will and panty, and Defendant C her her fright at the victim’s sexual organ where she cannot move.

Accordingly, the Defendants committed an indecent act by force on the part of the victims jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police with respect to L.S.