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(영문) 창원지방법원 2015.11.19 2015고합23

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

[Criminal Power] On May 15, 2015, Defendant A was sentenced to imprisonment with prison labor for one year and six months and two years of suspended execution for the crime of causing bodily injury to a special obstruction of performance of official duties at the Daegu District Court, which became final and conclusive on May 23, 2015.

【Criminal Facts】

The Defendants returned home at around 23:20 on November 13, 2014, which was a water-related test date, and returned home and passed in front of the D Building at the window of Changwon city, and discovered the victims E (the age of 18) who lost their mind under the influence of alcohol, were able to find the victims E (the age of 18).

1. Defendant A committed the crime of Defendant A: (a) went up to the Felel on the 7th floor of the D Building in order to borrow guest rooms at the above temporary location; (b) Defendant B waiting for a clerical error in the contact from Defendant B, resulting in the victim before the first floor of the building in question, and resulting in the victim being unable to resist under the influence of alcohol.

2. Defendant B’s crime committed by Defendant B, at the same time, committed indecent act by force against the victim under the influence of alcohol, including: (a) Defendant B, on the part of the victim, lying the victim at Furmo 702; (b) discharged the victim from, and off the victim’s seat; and (c) exceeded, the victim was unable to resist.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Legal statement of witness E;

1. Each police statement of victim E;

1. A report on internal investigation (the analysis of CCTV in buildings), a report on internal investigation (the analysis of CCTVs), a report on internal investigation (including the circumstances in which the injured party has reported), and a report on internal investigation (Attachment to DVD attached to CCTV video images such as the Felel);

1. Previous convictions (Defendant A): Criminal history records, references to criminal records, reports on the results of confirmation before and after dispositions, judgment of the accused case, application of Acts and subordinate statutes on search data of the accused case;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Handling concurrent crimes (Defendant A) (latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Article 62(1) of the Criminal Act for a suspended sentence (The following factors are considered as favorable to the Defendants among the reasons for sentencing)

1. Order for community service and education: