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(영문) 청주지방법원 2018.05.04 2018고합13
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

Defendant

A Imprisonment with prison labor for two years and for two years and six months, respectively.

The defendants are 40 hours per 40 hours.

Reasons

Punishment of the crime

The Defendants are students attending the same department as the same university, and victims E (the age of 23) are students attending the same department as the Defendants in other departments of the same university with the knowledge of Defendant B.

From June 15, 2017 to 05:30 on June 15, 2017, Defendants divided between Defendant A’s room in the University Welfare Center’s male dormitory 203 located in F in Cheongju City, and the Defendants, who metly from the road to the spot, were in dialogue with the victims. Defendant A was able to lock out the victim’s cell phone, cut off the victim’s cell phone, cut off the victim’s body into her arms, and let the victim do so. Defendant B did not resist against the victim by making the victim’s neck, and she did not resist the victim’s body by making the victim’s neck and panty. Defendant B was frighted with the victim’s neck and her panty by drawing the victim’s panty.

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

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Some statements concerning the Defendants in the suspect interrogation protocol by each prosecution

1. Some statements concerning the Defendants in the police interrogation protocol

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following favorable circumstances) for mitigation of a small amount;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for Exemption from Disclosure and Notice Orders, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants have no record of being punished for the same crime), personal information of the Defendants, and sexual violence.

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