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(영문) 대전지방법원 2017.12.12 2017고합126

유사강간

Text

Defendants shall be punished by imprisonment for three years.

To order the Defendants to complete the sexual assault treatment program for 40 hours each time.

Reasons

Punishment of the crime

The Defendants, from August 28, 2016 to August 2016, 2016, performed drinking together with the victim G (the age of 50) from the F dan in the Military E given from around 20:30 to August 29, 2016, and Defendant A, after drinking together with the victim G (the age of 50).

Defendant B went to the victim with Hel 303 located in the same building that Defendant B entered.

Defendant

A around 00:41 on August 29, 2016, at the entrance of the guest room Nos. 00:41, the victim was pushed the victim at the entrance of the guest room No. 303, and the victim was knekel keleleling on the defendant B's bridge, and the victim's head was pushed the victim's head toward the sexual flag of the defendant B.

이에 피고인 B은 피해자의 머리를 붙잡아 자신의 성기를 피해 자의 입에 넣고, 피고인 A은 피해자의 바지와 팬티를 내린 후 손가락을 피해자의 음부에 집어넣고 성기를 피해자의 음부에 대고 비볐다.

As a result, the Defendants conspired to commit similar rape.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. The protocol concerning the interrogation of the Defendants and I by the prosecution

1. Statement made by the prosecution with regard to G;

1. Each protocol concerning the suspect interrogation of the Defendants, I, J, and K

1. Each police statement made against the Defendants

1. Statement made by I and G by each police officer;

1. Each written statement of the Defendants

1. The 112 Report Processing table, investigation report (Attachment of a photo on the top of the body claimed by the victim), internal investigation report (Attachment of the details of the transaction of the F Garan Card Card), response to a request for appraisal (2016-C6841), internal investigation report (Analysis of CCTV data), and investigation report (Attachment of photographic data of the Hel CCTV CCTV data);

1. Application of Acts and subordinate statutes to a CD 1 or a copy of a text message;

1. Articles 297-2 and 30 of the Criminal Act concerning the facts constituting an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for Exemption from Disclosure Orders and Notification Orders.