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(영문) 춘천지방법원 속초지원 2014.07.24 2014고합13

성폭력범죄의처벌등에관한특례법위반(특수준강제추행)

Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

On November 1, 2013, at the beginning point of “G” located in “G,” the Defendants: (a) 00:00 on November 1, 2013; (b) her first met with the victim H (the age of 30; and (c) had the victim H (the age of 30); and (d) had the victim’s sexual intercourse with the victim at around 04:20 on the same day; (b) Defendant A carried the victim’s sexual intercourse with the victim at around 101; (c) left the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s agreement; and (d) her married with the Defendant B and C to the “J” point at the place where the victim was located.

After that, the Defendants tried to confirm the victim who was divingd under the influence of alcohol through her body in the above her body. On November 1, 2013, at around 05:48, the Defendants committed an indecent act against the victim for about 10 minutes, including where the victim was able to resist due to her body, and the victim was able to resist due to her body from the bed from the bed to be 101, Defendant A met with the victim’s chest and her body, Defendant B met with the victim’s chest and her body, Defendant B met with the victim’s chest and her chest, and entered the victim’s breast and her finger in the part of the victim’s body. Defendant C committed an indecent act against the victim for about 10 minutes.

Accordingly, the Defendants committed indecent act against the victim who is unable to resist jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Application of the Act and subordinate statutes on site photographs and CCTV images;

1. Article 4 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following consideration shall be made again for the reason for sentencing);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against each order to attend education;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for exemption from disclosure orders and notification orders, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.