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(영문) 부산지방법원 2017.12.01 2016고합899
성폭력범죄의처벌등에관한특례법위반(특수준강제추행)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and ten months, and by imprisonment with prison labor for a term of two years.

The defendants are 40 hours per 40 hours.

Reasons

Punishment of the crime

On June 20, 2016, the Defendants: (a) around 03:13, the Busan Young-do G 107, and (b) around 2016, while drinking alcohol with the victim (the 20 years of age), the victim was under the influence of alcohol; (c) the Defendant B was unable to take the body of the victim continuously. As the victim was unable to take the body of the victim, the Defendant B was able to take the part of the victim’s chest on his/her own hand; (d) laid the victim’s chest on the floor; (e) laid the victim’s clothes on the floor; and (e) cut the victim’s left chest into the victim’s clothes; and (e) Defendant A was able to write down the victim’s right buckbuck, write down the victim’s buck, write down the victim’s buck, and up to the middle of the buckbuck.

As a result, the Defendants committed indecent acts by using the victim’s resistance impossibility.

Summary of Evidence

1. Entry of the defendant A's partial statement in the first trial record;

1. Entry of Defendant B’s partial statement in the second public trial record;

1. Each legal statement of a witness and H;

1. A witness I and each part of the legal statements of A;

1. A protocol concerning the examination of a suspect by a part of the prosecution of the defendant B, A or I;

1. Statement made by the police with regard to each protocol;

1. Request for digital evidence analysis, letter of results of digital evidence analysis, results of digital evidence analysis, protogram between the suspect B and A, photographs of J dialogue between the suspect B and A, the victim's photograph under the influence of alcohol, and CDs of digital forensic analysis records of the suspect B mobile phone;

1. A report on investigation (a certificate, etc. of counseling on victims of sexual assault) and a written confirmation of counseling on victims of sexual assault;

1. Photographss of a victim's cell phone call recording;

1. A CD or a record of recording (the content of the recording of a telephone call between the victim and the victim) [The defendant B and the defense counsel voluntarily submitted only the digital information on the existence of the photograph or video recorded by the victim stored in their cell phones, and thus, the "J dialogue content" stored in the aforementioned cell phone (Evidence No. 10 No. 5 of the evidence list) is a evidence illegally collected beyond the scope of voluntary submission.

Modern, this Court has duly adopted and investigated.

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