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(영문) 창원지방법원 2014.01.23 2013고합188

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

Defendant

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

However, the defendant B is subject to objection.

Reasons

Punishment of the crime

Defendant

A, D is a pro-Japanese summary, and Defendant B is the pet of D.

Defendant A, who was at the last leave before her expulsion, had the victim E (here, 16 years of age) who was fested in alcohol in accordance with Defendant B’s proposal, had the victim E (here, 16 years of age) who was fested in line with Defendant B, and had the sexual intercourse with the victim by using it.

Defendant

B around 00:00 on June 22, 2013, around 00:0, the victim, who was known to the usual city F, was released from the phone, and D and the defendant A entered the telecom at around 02:28 on the same day, first borrowed 105 separately so that D and the defendant B may be able to sleep well, and the victim was able to prepare for the alcohol and the alcohol and the alcohol in 108.

Defendant

B At around 02:29 on the same day, D had been informed by telephone to 108 rooms and followed by the victim.

Defendants and D have the right to force the victim to continue to drink alcoholic beverages in 108 with the victim to drink alcoholic beverages and not to drink alcoholic beverages.

In the end, at around 04:04 on the same day, the victim was unable to move the alcohol to 105, first lying on the bend, and the defendant D and the defendant B moved to 105, and the defendant A had sexual intercourse with the victim in depth or in depth.

Accordingly, the Defendants and D had sexual intercourse with the victim who is a juvenile in a state of impossibility to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of E;

1. Determination as to the defendants and defense counsel's assertion of some statements among the suspect interrogation protocol of each prosecutor's office against the defendants

1. The summary of the assertion was that the Defendants did not attract the Defendant A to rape the victim, and the Defendant A was only sexual intercourse under the agreement with the victim.

2. The following circumstances, which can be acknowledged by this Court based on the evidence duly admitted and examined by this Court, i.e., the Defendants and D, together with the Defendant B, undergo a late-year leave during military service.