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(영문) 춘천지방법원 강릉지원 2014.04.10 2014고합12

준강간등

Text

Defendant

A Imprisonment with prison labor for a period of two years and six months, and for a period of two years, respectively.

As to the Defendants, 120 hours each time is applicable to the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. A. The Defendant, at around 05:40 on November 16, 2013, raped the victim by having sexual intercourse with the victim F (the victim F (the age of 22) who was taking the body of drinking alcohol to the extent that the Defendant could not properly classified the body of drinking alcohol as stated in D, and having sexual intercourse with the victim at one time, taking advantage of the victim F (the age of 22)’s state of refusal to resist.

B. The Defendant, at the time, at the place specified in paragraph (2) below, received request from B to allow the victim to have a sexual relationship with the victim. To assist this, the Defendant: (a) lineed one Red Sea 1; and (b) entered B into the above telecom; and (c) went outside the her telecom until the victim completes a sexual relationship with the victim.

Accordingly, the Defendant aided and aided the crime of quasi-rape B.

2. Defendant B, around November 16, 2013, at the same place as above, the victim sexual intercourse with the victim by taking advantage of the fact that the victim, who had been raped, was unable to properly classified the body of the victim, as seen above, was sexual intercourse with the victim by taking advantage of the state of difficulty to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement concerning F;

1. Protocol of the police statement concerning G;

1. An investigation report (with respect to the confirmation of images of the A-Vehicles and audio recording);

1. A investigation report (related to the face-to-face of CCTV image data from a victim);

1. Application of the Acts and subordinate statutes on CDs of related photographs, CCTV-faging data, Eelmo CCTV restoration images;

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

A. Articles 299 and 297 of the Criminal Act of Defendant A (the point of quasi-rape) and Articles 299, 297 and 32(1) of the Criminal Act (the point of quasi-rape)

B. Articles 299 and 297 of the Criminal Code of Defendant B

1. Defendant A: Articles 32(2) and 55(1)3 of the Criminal Act (the crime of quasi-rape and aiding)

1. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment determined for the crime of quasi-rape heavier than punishment)

1. The Defendants under Articles 53 and 55(1)3 of the Criminal Act make confessions by discretionary mitigation.