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(영문) 의정부지방법원 고양지원 2014.09.18 2014고합132
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

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

Defendant

A and B were the deaf-mutes of class 2 of the hearing disability, and they were the students of the Esa-professional school, which is the vocational education institution for the disabled located in the Goyang-gu, Goyang-gu, Youngyang-gu.

Defendant

On June 19, 2014, A proposed that a woman B will commit a sexual indecent act that is going through a path at a school around P.M., and B accepted it.

Defendant

A, with the advice of B, prepared to have his fingerprints left, and the defendant A and B were cut away from the school at around 18:30 on the same day.

Defendant

A and B were in front of the former D apartment at around 19:20 on the same day, and they collected the victim F (n, 18 years of age) and the purport that they were forced to commit an indecent act against the victim, and followed the victim, they were on the elevator with the above apartment at 123 3-4 Ra and 123 Ra.

Then, Defendant A opened the six-story pressing, B opened the seven-story pressing, and opened the victim, Defendant A, who opened the elevator, was able to prevent the victim from being injured by one hand by one hand, and Defendant A was able to have the victim by one hand.

The victim's body gets off the body knife, and the defendant A had the victim's body knife with a single knife with a single knife, the victim's knife with another hand, and the knife with the knife with the knife in the knife.

At this time, from the 6th floor, the elevator door, the victim's sound, and the defect that the victim intends to leave out, the B divided the door-to-slid and pressure the victim's resistance.

As a result, Defendant A committed an indecent act against a child or juvenile victim in collaboration with Defendant A.

Summary of Evidence

1. Each legal statement of B and Defendant A in part;

1. The statement made by the police with F (the victim's statement that contains the purport that "the defendant A, at the time of committing the crime of this case, took his/her hands in the victim's body and rhyd them together with his/her hands in the victim's body may be recognized as credibility in light of the background, contents, consistency, etc. of the statement);

1. Elevators;

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