208Gohap835(Joint), Violation of law (Rape, etc.)

208Gohap887(combined) b. Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof

Violation of law (Special Rape)

(c) Special larceny;

2.(a)A2 (Entry in 91, South Korea), students;

3.(a)A3 (Entry in 90, South Korea), employees;

4.(a)A4 (Entry in 92, South) and students;

5.(a)(c) A5 (born, South and North 90), students;

(n)

Attorney Lee Im-soo (for the defendant A3)

2. The number of detention days prior to the pronouncement of this judgment shall be 91 days each to Defendant A1, A2, 90 days each to Defendant A3, A4, and 75 days each to Defendant A5.

3. One solution (No. 1) that has been seized shall be returned to the injured party's name.

1. The fact of rape, injury resulting from rape and special rape (208 Goshap792);

Defendants were raped by having sexual intercourse with victim V1 (Me, 18 years old), and resulting in the victim’s injury, etc., Defendant A1 and Defendant A5 committed rape by re-jointing the victim.

A. At around 02:00 on July 23, 2007, Defendant A1 discovered the victim who was a 00 shop located in Busan Shodong-gu, Busan, and then talked with the victim for about one hour in the back of the above store, and the victim was able to talk with the victim for about one hour. Defendant A2, Defendant A3, Defendant A4, and Defendant A5 had the surrounding surroundings, and had the victim talked about a leap (collective rape). Defendant A1 was waiting only for a leap (collective rape) with the victim.

Defendant A1 said that “the victim was raped at Z University,” and that the victim was able to engage in sexual intercourse with the victim A1 at a time after the victim was able to engage in sexual intercourse with the victim A1. At around 04:0, Defendant A1 got out of the victim’s body before the Z University located in Busan, and Defendant A1 got off the victim and the victim A2 before the above Zcket, and tried to have the victim engage in sexual intercourse with the victim again before and after the Zcket, Defendant A2 was out of the victim’s body so that the victim would not have been able to engage in sexual intercourse with the victim again, and Defendant A2 was out of the victim’s body before and after the Zcket, so that the victim was out of the victim’s body and the victim’s body would not have been able to engage in sexual intercourse with the victim again, and then, Defendant A2 was out of the victim’s body of rape with the victim before the above Zcket.

B. From around 05:00 on July 23, 2008 to around 07:00, Defendant A1, and Defendant A5 found the victim who had a transportation card (one mar card) to be lost in the course of collective rape against the victim by having the above card and having the victim informed the victim of the fact that the victim was sexually raped during the above collective rape. After having the above card, Defendant A1 and Defendant A5 went out to the guest room on the second floor of the above her hair, Defendant A5 was raped and her body was removed from the victim’s body and her body was removed from the victim’s body and her body was removed from the victim’s body and her body was removed from the victim’s body and her body was removed from the victim’s body and her body was removed from the victim’s body and her body was removed from the victim’s body and her body was removed from the victim’s body and her body was removed from the victim’s body.

2. Defendant A3’s special larceny (2008Gahap887) around 23:00 on July 30, 2008, Defendant A3 cited a four-dimensional color room with cash 150,000 won in the victim’s possession, identification card, and credit card 4, etc., and Defendant A3 cited a four-dimensional screen with the front glass window of the above vehicle, where the front door of the vehicle parked in the front door of the vehicle was opened to the friendly F and the vehicle behind the friendly F and the vehicle, and the vehicle door parked in the front door of the vehicle.

Accordingly, the above defendant stolen the victim's property together with F.

3. The defendant A5's special larceny (2008Gohap835);

On August 8, 2007, the Defendant decided to detect a mati vehicle that is parked at the center of the Alley-dong F, Busan, the Alley-gu, Busan, and the Alley-dong F, and the Alley-dong F, which is located around the Alley-dong F, were removed from the victim’s name. The Defendant reported the network around the vehicle, the above F opened a string door, and entered the string door, and removed it from the victim’s name.

Accordingly, the above defendant stolen the victim's property together with F.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant Al: Articles 9(1) and 6(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, Article 297 of the Criminal Act (the point of causing special rape and the choice of limited imprisonment), Article 6(1) of the Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof, Article 297 of the Criminal Act (the point of

(b) Defendant A2 and A4: Articles 9(1) and 6(1) of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, and Article 297 of the Criminal Act (the selection of a limited term of imprisonment). Defendant A3: Articles 9(1) and 6(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof; Article 297 of the Criminal Act (the occupation of causing special rape, the selection of a limited term of imprisonment), Article 331(2) and (1) of the Criminal Act (the occupation of special larceny at the time of sales)

(d) Defendant A5: Articles 9(1) and 6(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, Article 297 of the Criminal Act (the point of causing special rape, selection of limited imprisonment), Article 6(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, Article 297 of the Criminal Act (the point of special rape, selection of limited imprisonment) and Article 331(2) and (1) of the Criminal Act (the point of special larceny of Article 3 of the Act

1. Defendants subject to mitigation of juvenile offenses: Articles 2 and 60(2) of the Juvenile Act and Article 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant A1, A3, and A5: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment of a sexual crime with the largest punishment and the injury resulting from rape)

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Unscheduled Defendants: Articles 2 and 60(1) of the Juvenile Act

1. Inclusion of days of detention in detention;

Defendants: Article 57 of the Criminal Act

1. Return:

1. The grounds for sentencing of Article 333(1) of the Criminal Procedure Act are as follows: (a) the Defendants are juveniles; and (b) both committed the instant crime, and (c) do not commit this act again; and (d) their parents are against themselves in depth. The parents are leading the Defendants in the future.

2. 그러나 5명의 피고인들은 자신들 또래의 18세 피해자를 순서를 정하여 각 강간하고, 그로 인하여 피해자에게 상해를 입게 하였다. 그 죄질과 범정이 대단히 불량하다. 앞서 본 유리한 정상에도 불구하고 피고인들의 행위는 아무리 소년들이라고 하더라도 그 비행의 정도를 한참 지나친 것이라 아니할 수 없다. 더욱이 피고인 A1, A5는 위와 같은 범행을 저지른 후 피해자를 모텔로 데리고 가서 다시 강간을 하였다는 것이어서, 그 악성에 놀라움을 금할 수 없다. 하룻밤 사이에 5명 전원에게 모두 7차례에 걸쳐 강간을 당한 18세 소녀가 겪었을 당시의 고통과 충격을 생각하면 가슴이 아려올 뿐 그 비통함을 뭐라고 설명할 길이 없다. 그러함에도 피고인들이 피해자에게 피해배상을 하거나 적정한 위로의 조처를 행하였음을 인정할 자료도 없다. 거기다가 A3, A5 피고인은 각 특수절도의 범행까지 저질렀다.

3. In addition, the Defendants’ age, character and conduct, family environment, motive, means and result of the commission of the crime, etc. shall be determined and sentenced as ordered by the order within the scope of the period of punishment in which each juvenile mitigation and discretionary mitigation were committed, by comprehensively taking into account all the sentencing conditions, including the circumstances after the commission of the crime.

Judges Kim Gin-ok

Judge No. Doingk