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(영문) 서울동부지방법원 2014.06.19 2014고단808

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

Text

Defendant

A Imprisonment with prison labor for a year and six months, each of the defendants B, C, and D shall be punished by imprisonment with prison labor for a year.

except that this judgment.

Reasons

Punishment of the crime

[Defendant B] On March 21, 2014, the Daejeon High Court sentenced Defendant B to a suspended sentence of two years and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and became final and conclusive on March 29, 2014.

【Criminal Facts】

1. 기초적 사실관계 피고인들은 서울 강동구 F빌딩 지하 1층에 있는 G에서 H DJ로 일하면서 위 G에서 제공하는 숙소에서 함께 생활하는 자들로, 2013. 11. 20. 03:00경 피해자 I(19세), 피해자 J(19세)이 피고인 A의 여자 친구인 K 등과 함께 술을 마시던 중 피해자 I이 장난으로 피해자 J에게 던진 과도가 벽을 맞고 튕겨져 나와 K에게 떨어졌다는 사실 및 피해자 L가 K와 교제할 당시 K를 강제로 성추행을 하였다는 사실을 K로부터 듣고 이에 화가 나 피해자 I, 피해자 L(20세)를 혼내주기로 모의하였다.

2. Defendants’ co-principal conduct

A. The Defendants in violation of the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) committed a violation of paragraph (1) at around 22:00 on November 201, 2013, in order to congested the victims, the following: (i) the pipe and each item, which are dangerous articles at the construction site near the G parking lot, were loaded onto the Defendant’s car; (ii) the victim was paid to the “N” located in Gangdong-gu Seoul Metropolitan Government where the victim L on board the said car was a part; (iii) the victim’s cell phone was cut off; (iv) the victim’s cell phone was cut off; (v) the victim was prepared to take part in the victim’s indecent act; and (v) the victim took part in the hump and each item of the pipe, and (v) the victim took part in the instant indecent act; and (v) the victim’s name was detained, and (v) Defendant C (the correction of personal information was made by misappropriation by using the name of the victim) and the remainder of the victim’s.

In this respect.