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(영문) 대구지방법원 2014.02.21 2012고합616

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

Defendants shall be punished by imprisonment for three years.

As to the Defendants, sexual assault treatment programs for 80 hours each are provided to the Defendants.

Reasons

Punishment of the crime

Defendant

A and B are relatives, and victims E(n, 16 years of age) were deceased as a relative with Defendant A.

From November 19, 201 to November 23, 201, the Defendants, along with F, G, H, and the victim, played games by dividing the number of J apartment units 101-2003, which are the residence of Defendant B located in Daegu North-gu, Daegu-gu, by the number of J apartment units 101-203, small-ju 2 disease, and 10-grasium 10-2 disease.

Defendant

At around 01:00 the following day, A had sexual intercourse with the victim in the state of mental disorder under the influence of alcohol by reporting the victim under the influence of alcohol, leaving the victim in front of the entrance, leaving the victim in front of the entrance, leaving the victim in front of the entrance, leaving the victim in the bed, leaving the victim in the bed, leaving the victim in the bed, and under the influence of driving the victim out of the panty, and driving the victim on the part of the victim. At around 01:30 on the same day, Defendant B had sexual intercourse with the victim in the state of mental disorder under the influence of alcohol.

On the same day, Defendant A tried to have a victim in the state of mental disorder by having himself/herself engage in sexual intercourse at around 03:30 on the same day, but did not have been caused, and thus, Defendant A did not have a sexual intercourse. Defendant B, at around 03:45 on the same day, once again had a victim in the state of mental disorder, who was in the state of mental disorder, immediately after having been in the above room.

As a result, the Defendants committed rape by taking advantage of the victim's in an insane state under the influence of alcohol, and suffered injury to the victim of external stress disorder requiring medical treatment for about six months.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record

1. Statement made by a witness F in the third protocol of the trial;

1. The witness K and L respective legal statements, and the witness G's partial statement in court;

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement by each prosecutor's office with respect to F;

1. Police suspect interrogation protocol of M;

1. Each police statement of the F, N, and G;

1. E statements recorded in each CD 1.