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(영문) 서울중앙지방법원 2018.11.13 2018고합751

준강간

Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

At around 11:00 on March 3, 2018, Defendants enjoy entertainment from “F” located in Gangnam-gu Seoul, Seoul, and Defendant B conspiredd to have sexual intercourse with the victim after Defendant B had sexual intercourse with the victim, on the same day at around 18:30 on the same day, on the ground that the victim G (the victim G, 21 years old), and “J” located in “J” located in “J” as well as the victim G (the victim G, 21 years old), while drinking together with H.

Defendant

A around 19:00 on March 3, 2018, around the so-called “Lel” located in K of Seocho-gu Seoul Metropolitan Government around 19:0, off and added a sexual organ into the victim’s lower part of the victim who could not properly hold his body, and had sexual intercourse with the victim’s sexual organ inserted into the victim’s lower part. At this time, A called the Defendant B who is waiting in the vicinity of the above telecom and sent the victim’s home room to the victim’s front part.

Defendant

B, around 20:30 on the same day, sexual intercourse was made by inserting the sexual organ into the part of the victim who was locked by drinking at around 802.

As a result, the Defendants conspired to commit sexual intercourse with the victim by making use of the victim’s non-competence condition.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement protocol of each police officer G;

1. - The application of CCTV images, gene appraisal records, investigation reports (person H telephone conversations), investigation reports (Attachment to the list related to the suspect B) Acts and subordinate statutes;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 299, 297, and 30 of the Criminal Act;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants to be mitigated in small amount: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201)

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following provisions shall be considered for repeated circumstances favorable to the grounds for sentencing);

1. Defendants who attend lectures: The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendants exempted from disclosure and notification orders: Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.