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(영문) 서울동부지방법원 2019.08.16 2019고합121
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

The defendants completed the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On January 19, 2017, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant A”) were sentenced to a fine of KRW 10 million in the first instance court on February 15, 2019 for the crime of indecent act by compulsion at the Seoul East District Court, which became final and conclusive on January 27, 2017.

Defendant

Although A appealed, the appellate court dismissed the appeal on June 7, 2019, and Defendant A re-appealed to the Supreme Court and continued the appeal.

【Criminal Facts】

1. The Defendants’ joint crime committed the following acts: (a) from around 20:00 on February 7, 2019 to around 20:00, the victims, while drinking alcohol together with the victims E (the 26-year-old age) who had been aware of the usual sense from the main points of “D” located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “D”), were able to feel sexually assaulting the victims to Defendant A’s house as they were under the influence of alcohol.

On February 8, 2019, at around 01:30, the Defendants were drunk to move the victim who is unable to hold his body properly, into the house of the Defendant F and G in Seoul Special Metropolitan City, Gwangjin-gu, and the Defendant B: (a) opened the victim on the bed; (b) opened the victim on the bed; (c) opened the victim on his bed; and (d) opened the victim on his bed from the bed; and (d) prevented the Defendant A from suffering from cutting the victim’s arms and cutting down the victim’s arms; and (e) opened the victim from suffering from driving, Defendant A put the victim’s arms and shouldered the victim’s bed; and (e) opened the victim from leaving the victim’s body by covering it with the body of the victim.

The victim, who was off the victim's panty and the panty of the victim, was forced not to get off the victim by deducting the panty and panty.

Defendant B continues to be punished by the victim’s bridge and the victim’s sexual flag on the part of the victim.

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