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(영문) 서울동부지방법원 2015.05.28 2015고합63
성폭력범죄의처벌등에관한특례법위반(특수준강제추행)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2014, at around 19:00 on August 25, 2014, the Defendants, along with the victim E (the 23 years of age), drinked alcohol at the alcohol house located in Songpa-gu Seoul Metropolitan Government Gas Protectioning, and the victim was unable to hold his body under the influence of alcohol. The Defendants, at the same time, had the victim felbate in the neighborhood, feld the victim, and feld the victim into indecent act by compulsion.

Defendant

B around August 25, 2014, around 22:30, the victim was reduced to enter the 502 G hotel located in Songpa-gu Seoul Metropolitan Government F, and Defendant A was waiting for the victim's body while waiting outside the telecom, and the entrance was opened in the above 502 room through the entrance opened by Defendant B after approximately five minutes of waiting for the telecom.

1. From August 25, 2014 to around 22:30 on the following day, Defendants B, while under the influence of alcohol, off the clothes of the victim who cannot hold the body in the bed, Defendant B, her hand, her hand, loaded the victim’s chest, and her hand her hand, and Defendant A, who was her next to the victim, sustained her panty only pursuant to Defendant B’s confidence, got off the victim’s clothes and her buckbbbbs.

Accordingly, the Defendants committed an indecent act by force against the victim under the influence of alcohol.

2. Defendant A, at the time and place specified in paragraph (1), committed an indecent act against the victim’s will with Defendant B, and took photographs of the victim’s body, which may cause a sense of sexual humiliation, using his cell phone camera, of the victim’s body, which is the body of the victim’s body.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. The judgment of the Defendant B and the defense counsel on the assertion of the CCTV CD, investigation report (CCTV investigation and the counter investigation of the telecom employee) and the Defendant B and the defense counsel, and the circumstance where the said Defendant was under the influence of alcohol at the time of the crime of joint indecent act by compulsion as stated in the judgment is not memory.

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