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(영문) 대전지방법원 2018.04.12 2017고합469
준강제추행
Text

Defendant

A Imprisonment with prison labor for eight months, for two and half years, for two years and six months, and for three years, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

From July 2, 2017 to 03:00 on July 2, 2017, the Defendants Hunting the victim K (one’s name, two years of age, and two years of age) at the main point of “J” located in Seo-gu Daejeon, Seo-gu, Daejeon, with their friendship H, and drinking the victim K (one’s name, two, and twenty years of age) at the same time. From around 07:00 to around 08:00 on that day, the Defendants continued to drink the alcoholic beverages to the “Mel” located in Seo-gu, Daejeon.

From around 09:30 on that day, the Defendants got to smoke out of the Ha and only the victim's telecom. They returned to the room that they had sexual intercourse with H and the victim, and the Defendants got off from the door.

1. Defendant A, while maintaining the sex status of H and the victim outside the door as seen above, had a h terminated a sexual relationship and entered the toilet into the room for an apparatus, had a victim's appearance that he was unable to live on the bed while drinking, and had a mind to report the victim's appearance that he was unable to live on the bed while drinking, and to commit an indecent act against the victim. Defendant A, who was on the bed in the bed part of the bed part of the victim, was kid on the victim's entrance, and was her breast by hand.

Accordingly, the defendant committed indecent acts by taking advantage of the mental and physical loss or the impossibility of resistance of the victim under the influence of alcohol.

2. Defendant B and Defendant C committed an indecent act, such as drinking the victim’s chest and kis, as described in the above paragraph (1), but the victim could not see any reaction by drinking so that they could not be able to do so, and they were able to commit indecent act or have sexual intercourse with the victim by using the victim’s status.

As a result, Defendant B and Defendant C up to the bed of the victim’s bed with the victim’s bed with the victim’s bed with the victim’s bed with the victim’s bed, and Defendant C added the victim’s bed with the victim’s chest and the part of the victim’s bed with his hand, and added the sex into the negative part.

As a result, the Defendants, together, have sexual intercourse by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

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