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(영문) 의정부지방법원 고양지원 2020.01.07 2019고합268
성폭력범죄의처벌등에관한특례법위반(특수준강제추행)
Text

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

However, from the date of this judgment, the defendants are respectively subject to the judgment.

Reasons

Punishment of the crime

Defendants are in the front line of the same workplace, and the victim C (the victim, the 24 years of age) is in the first space on the day.

At around 02:58 on August 1, 2019, the Defendants conspired with the victim to commit an indecent act against the victim by drinking alcohol together with the victim within the "E located in Mangdong-gu, U.S. Sinyang-si D" No. 2, and the victim conspireds with the victim to do so in a state where the victim is unable to drink so that he is unable to do so, and the Defendant A gets involved in the victim's body while drawing up the victim's body, only bucks and bucks inside and outside the bucks, and only bucks of the victim's chests with other hand. The Defendant B got involved in the victim's body and buckbucks.

As a result, the Defendants committed an indecent act by force against the victim by using the victim’s failure to resist.

Summary of Evidence

Article 4(3), (1), and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 29 of the Criminal Act, Article 53 and Article 55(1)3 of the Criminal Act (Discretionary mitigation) of the Criminal Act against the Defendants’ legal statement F, G, H, C (tentative name), and I’s written statement statement by each police statement of the Defendants, report of internal investigation (in the case, CCTV investigation, etc.), report of internal investigation (Attachment to the conversation between B and I by the witness), Article 112 notification of the department related to the 112 Incident report, Article 4(3), (1), and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 16(2), the main sentence of Article 16(4), the proviso to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Victims of Sexual Crimes, the proviso to Article 55(1)3 of the Act on Welfare of Children and Juveniles against the Defendants.

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