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(영문) 창원지방법원 통영지원 2020.01.30 2019고합86
준강간
Text

Defendant

A shall be punished by imprisonment for four years, and imprisonment for two years and six months, respectively.

With respect to the Defendants, 40 hours are 40 hours each.

Reasons

Punishment of the crime

1. At around 03:00 on June 9, 2019, Defendant A, at D’s main points located in C, with a view to drinking alcohol as well as drinking alcohol to the extent that the victim is unable to hold the body. On the same day, Defendant A, at D’s main points located in C, was able to take the victim under the influence of alcohol to the Felel at the time of drinking on the same day.

At around 08:15 on the same day, the Defendant: (a) reported the victim who was felged in the bed with alcohol, with a view to having the victim engage in sexual intercourse with the victim, (b) had the victim bed, (c) was kisced, (d) was off the victim's chest, (d) was off the victim's chest, (d) was off the victim's panty and panty, (e) was off the victim's chest, (e) was off the victim's chest, and (e) was off the victim's chest and panty, and (e) took off the victim's sound part into the part of the victim, and (e) had sexual intercourse once by inserting the victim's sound

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder.

2. On June 9, 2019, Defendant B, under the contact that the victim was under the influence of alcohol from her friendly A on the part of 09:24, the Defendant found the victim under the Fmoto G as described in paragraph (1). On the other hand, Defendant B, by drinking, her own sexual organ by reporting the victim who was under the influence of her mind with her own sexual organ, and by causing the victim’s her own desire to take care of her sexual organ, her fingers into the victim’s sexual organ and her fingers into the victim’s anus.

Accordingly, the Defendant committed an act of inserting a part of the victim's body, which is a part of the victim's body, by taking advantage of the victim's mental condition.

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. Each police statement of E;

1. A H statement;

1. Each protocol of seizure and the list of seizure;

1. A report on the occurrence of a crime, a criminal investigation report, and a criminal investigation report (to hear a victim's telephone statement);

1. Response to requests for appraisal, application of on-site photograph Acts and subordinate statutes;

1. Article applicable to criminal facts;

A. Defendant A: Articles 299 and 297 of the Criminal Act

B. Defendant B: Article 299 of the Criminal Act.

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