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(영문) 수원지방법원 안산지원 2019.06.26 2019고단1463

폭력행위등처벌에관한법률위반(공동공갈)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, B, C, and D are in friendly relationship, and E, F, G, and H are the follow-up actors of the Defendant, and the Defendant, B, and C have expressed the victim I(18 years of age) who is the disabled of the third grade intellectual disability in the middle school of D with his or her middle school.

1. 공동상해 피고인과 B, C은 2018. 10. 28. 17:00경 E, F, G을 시켜 피해자를 안산시 단원구 K, L호에 있는 B의 집으로 데려오게 하였고, 그때부터 같은 날 21:25경까지 사이에 피고인과 B, C은 주먹과 손바닥으로 피해자의 얼굴과 몸을 수회 때리고, 피고인은 뜨거워진 라이터의 쇠 부분으로 피해자의 젖꼭지를 지지고, E, F, G, H, D는 주먹과 발로 피해자의 얼굴과 몸을 수회 때렸다.

In this way, the defendant jointly with B, C, D, E, F, G, and H, and the victim need to receive approximately 15 days medical treatment.

2. On October 28, 2018, the Defendant, in collaboration with B and C, threatened the victim with raising money in the above place at around 17:20 on October 28, 2018, and received KRW 400 from the victim frighting to drink, thereby passing it.

3. At around October 18, 2018, the Defendant, in collusion with B and C, committed sexual harassment with the disabled persons having sexual intercourse, by threatening the victim to get the victim out of panty and panty, and by allowing the victim fright to be out of panty and panty, and by exposing the panty, thereby having the disabled persons feel sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of public prosecutor as to B;

1. Copy of each protocol of suspect suspect of the police against E;

1. A copy of each police statement made to I;

1. Copies of each photograph (Evidence Nos. 3, 35, 63, 80, 82, 85, 87, 89);

1. Copies of the certificate of a person with disabilities (the No. 15 of the evidence list);

1. Application of Acts and subordinate statutes to a copy of an injury diagnosis certificate (Evidence No. 29);

1. Punishment of an act of violence, etc. under the corresponding Article of the facts constituting an offense;