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(영문) 전주지방법원 2017.10.27 2017고단1727

특수상해등

Text

Defendant

A Imprisonment with prison labor for three years and six months, for a maximum of two years, for a short of one year and six months, and for defendant C, for a maximum of one year.

Reasons

Punishment of the crime

1. Defendant A, B, D, and C’s criminal conduct (the Defendants’ criminal conduct), on May 18, 2017, Defendant A had a sexual intercourse with the victim against the victim’s will at 103-dong 806 (the apartment site where Defendant A had the victim reside in the area where Defendant A had the victim live in the area where Defendant A’s seat live). The victim reported the Defendant A to the police by rape.

Since then, Defendant A would make a statement to the victim in the face of the revocation of the above report by the victim.

On May 24, 2017, the victim believed this end was made a false report to the police, and the above rape case was concluded.

Defendant

A, as seen above, the victim was dissatisfied with the report of the victim's rape, and the plan to induce the victim to P at night and assault the victim. From the end of May 2017 to the beginning of June 2017, Defendant B, and C provided the above crime plan to Defendant B, D, and C in sequential order. Accordingly, Defendant B, and C had the victim go back to the nearby construction site due to Defendant C's driver's car, and the Defendant A and D conspired to assault the victim at the above construction site.

A. Defendant B sent Q messages to the victim around 00:30 on June 3, 2017, stating that the Defendants’ violation of the Punishment of Specific Bodily Injury and Violence, etc. Act (joint confinement) (hereinafter referred to as “the Defendants”) was against the above criminal act plan.

At around 01:00 on the same day, Defendant C, along with Defendant B, was driving the said car at a speed of about 60 km from his own car and prevented the victim from getting off from the said car. Defendant C, at around 02:30 on the same day, arrived at a nearby construction site located in Gunsan-si. Defendant A, and D, at the same time, arrived at the P site located in Gunsan-si.