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(영문) 의정부지방법원 2017.05.11 2016고합363

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

Defendant

A or C Imprisonment for two years, and Defendant B for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. On March 12, 2016, at around 02:50 on March 12, 2016, the Defendants discovered the victim J (a name, 19 years of age) who was under the influence of alcohol at the I pension located in Pyeongtaek-gun H of Gyeonggi-gun, and Defendant A, in collusion with the fright on the part of the victim, left the victim’s name and fright on the part of the victim, put the victim’s name on his hand, put the fright on the part of the victim. Defendant C, while shooting the cell phone with his hand, embling the victim’s conspiracy and part on the part of the victim’s fright and frighting the victim’s fright and frighting the victim’s fright at the left hand until the victim’s fright and frighting the fright of fright.

c. At the panty of the victim

The term “Defendant A” refers to Defendant B as “B-ro, spora, spora, spoke, and fhulled,” and Defendant B, in collusion with the victim’s conspiracy, was unhulled in his hand.

As a result, the Defendants committed an indecent act against the victim in a situation where resistance is impossible.

2. Defendant C taken the body of the victim who caused a sense of sexual shame by using a cell phone’s camera function in which the victim was in possession of a brupted part of the part on the part of the victim’s distribution and conspiracy that A and B had been under the influence of alcohol at the time, time, at the place, and at the place of paragraph 1 (1).

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness K and J;

1. Each prosecutor's office and each police suspect examination protocol against the Defendants

1. Each police statement made to K and J;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A and B: Article 4(3), (1), and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act (a)

B. Defendant C: Articles 4(3), 4(1) and 4(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (an indecent act by joint enforcement).