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(영문) 수원지방법원 성남지원 2019.07.25 2019고합40

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

Defendant

B Imprisonment for three years, for five years, for Defendant C, and for two years and six months, for Defendant D.

(b).

Reasons

Criminal facts

Defendant

B, C, and D were together with A on December 26, 2018 at the F's house located in Seo-gu, Seo-gu, Daejeon on the 2018 P.M., Defendant D connected A's cell phone to Facebook and examined the figures of A, and made a proposal to "I drink the same alcohol as the victim G's friendship," and contact the victim G with him/her by visiting him/her as the victim's cell phone.

Defendant

B, C, and D moved from A and K5 sirens on the same day at around 19:20 on the same day, and they drink alcohol together by entering the victim G and the victim J (14 years old), K in the G, and the G in the Seongbuk-gu Lel Mho-gu, Sungnam-si, Sungnam-si at around 21:15, and at around 23:10 on the same day, K would live in house.

1. Defendant D had sexual intercourse with the victim, who was a child or juvenile under the influence of alcohol and was unable to resist by inserting the victim’s clothes in Nho Lake, and inserting the victim’s sexual organ into the victim’s negative part, by inserting the victim’s clothes into the victim’s sound part.

2. Defendant B and C had the victim G in the victim’s Maho-Ba, while in the victim’s Maho-Ba, the Defendants committed sexual intercourse with the victim by inserting the body of the victim’s arms and inserting them into the part of the victim, preventing the victim from resisting one side of the two arms, and leaving the victim “ma” continuously sounded, the victim’s chest, etc., even though the victim’s chest, Defendant B her first deviates from the victim’s panty and inserting panty into the part of the victim’s panty, and inserting them into the part of the victim’s panty, and then Defendant C sexual intercourse with the victim by inserting the arms of the victim’s body and inserting her sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Defendant B, C, and D’s legal statement

1. The suspect interrogation protocol of Defendant B, C, and D by the prosecution;

1. The police statement to G and J;

1. Genetic assessment reports and legal chemical appraisal reports (2019-H-42), genetic assessment reports and legal chemical appraisal reports;