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(영문) 인천지방법원 부천지원 2018.02.05 2017고합182

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

The defendant is a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant, C, and D are friendship, and the defendant and the victim E (n, 16 years of age) are the first space.

On June 18, 2017, the Defendant drinked the alcohol together with the victim E (the age of 16) and the victim’s daily H in G park located in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, with contact with C, D, and C, respectively.

After that, the Defendant, along with C, reduced the victim under the influence of alcohol with C, and 06:25 on the same day, 06:25 Kimpo-si, Jnman 303, which was in Kimpo-si I in Kimpo-si, used the head of the victim with his/her hair changed by drinking alcohol while making a change in the body of the victim, and the victim was unable to get the head of the victim from the floor, and the victim was not able to get the victim from the floor, he/she exceeded the clothes of the victim, and had sexual intercourse with C once.

Accordingly, the defendant, in collaboration with C, has raped the victim by using the victim's non-specing condition.

Summary of Evidence

1. Legal statement of witness E;

1. Some description of each police suspect examination protocol against the defendant or C;

1. Each police statement protocol on E, K, L, or M;

1. Recording records;

1. Each investigation report (a report on the CAM analysis, a suspect's cell phone investigation, and additional confirmation of the identity of the victim's cell phone-fashion photographs, photographs that the victim moves into J, photographs that the victim moves into J, J CCTVs);

1. Application of Acts and subordinate statutes of D;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning criminal facts;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (a defendant is deemed to be a juvenile in light of his/her characteristics, and thus, is deemed to be reasonable in light of his/her characteristics);

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The defendant who is exempted from an order of disclosure and notification, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in cases where the defendant is a child or juvenile, the defendant's personal information shall not be disclosed and notified).