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(영문) 청주지방법원 충주지원 2015.08.27 2015고합15
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, with respect to Defendant B, for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 18, 2012, the Defendants drink alcohol at Defendant B’s house located in the Da, Victim E (n, 18 years of age), along with the Defendant’s Do and Victim E (n, 18 years of age) on February 18, 2012.

1. The Defendant committed the crime of Defendant A around 02:00 on February 19, 2012, at around 02:0, committed an indecent act against the victim who was under the influence of alcohol on the part of Defendant B, and was frightened by the victim’s chest by drinking the victim’s wound, by raising the victim’s wound on his hand, and by deceiving the victim’s chest.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendants’ co-defendants, at the same time, at the same place and place as Paragraph 1, called “the victim’s act”, and the Defendant A went to the above room. After that, Defendant B was able to carry out the above room together with the victim. However, Defendant A was able to go to the victim who was locked by drinking again in the above room, and Defendant A went to the victim’s chest by hand, and the victim again went to the above room.

Defendant

A, as the victim, who was under the influence of alcohol due to the above room after the diving, was able to brea the victim's chest by drinking the victim's chest by hand, and the victim was shouldered, A tried to hold the two arms of the victim who was on the body of the victim out of the victim by her hand, and tried to get out of the victim's lower part, and Defendant B also tried to get out of the victim's lower part by hand.

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

Summary of Evidence

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes on telephone recording CDs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 299 and 298 of the Criminal Act, Article 4(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of joint indecent act by compulsion);

B. Defendant B: Article 4(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Criminal Act.

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