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(영문) 서울중앙지방법원 2018.04.06 2017고합1214
성폭력범죄의처벌등에관한특례법위반(특수준강제추행)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and nine months, respectively.

The defendants are 40 hours per 40 hours.

Reasons

Punishment of the crime

The Defendants are as follows: (a) there is a gap between the Defendant and the victim (here, 20 years of age) from the middle school.

On April 16, 2017, at around 20:0, the Defendants expressed that the Defendants were able to take the victim while drinking the victim first from the subway No. 2, the subway No. 10 in Seocho-gu Seoul Metropolitan City, to the new wall No. 10 years on April 17, 2017 following the day after the date when the Defendants met with the victim, and the Defendant A was able to take the victim back without returning home to the accommodation where the victim was kis or broged by the Defendant A, who did not have any other resistance.

Accordingly, around 05:24 on April 17, 2017, Defendant A entered H hotel located in Seocho-gu Seoul Metropolitan Government, paid accommodation expenses, and got the passenger room kid with Defendant B, leaving the victim with Defendant B to the above hotel 404. During that process, Defendant A asked the victim “we can see that “we can see if you can see”, and then the victim would be the victim as if the victimized person consented to indecent act and shooting.

1. From around 05:40 on April 17, 2017, the Defendants jointly and severally left the room of the said hotel No. 404, Defendant A, who was under the influence of alcohol and was unable to live in the guest room, and left the room of the victim in order of the victim’s chest, with a white civilian retail, and broke, and entered the room of the victim as soon as the victim was frightly, the victim’s chest was frighted, the victim was frightened into the room of the victim, and the victim was fright off and pantyd, and the victim was frightly frightened by the victim’s sexual organ or the victim’s decline.

Defendant B continued to run down on the side of the victim who is coming to flicker in Defendant A, and put up the victim’s right arms and shoulder in a flicker so that the victim can see it in the direction that he can see, but the victim did not commit an indecent act in the locker.

Accordingly, the Defendants cannot resist under the influence of alcohol jointly.

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