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(영문) 의정부지방법원 2020.11.05 2019고합303
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for three years.

However, from the date of the final judgment of this case, the defendants were every 4 years.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and C are two pages, and the victim D, victim E (tentative name), and F (tentative name) are friendships, and the Defendants, C, victims, and F are only the Hart clubs located in Dongdaemun-gu Seoul on October 31, 2018.

At around 04:00 on October 31, 2018, Defendants and C sought a place where they drink and drink together with victims and F. At the same time, they would immediately terminate their business, and they would drink to a hotel located in the vicinity of the new wall time. The victims and F agreed to do so and moved to I of the same Gu, but they want to borrow one room, and six of them were loaned from J to go out of the hotel for the victims to come home from the bed from the bed.

On October 31, 2018, at around 06:12, the Defendants returned to the JJ in 06:12, but C, along with F, Defendant E with the victim E, who was placed in the bend part of the bend part of the bend part, was off from the victim E’s bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the unable to resist, and Defendant B was off from the victim D’s bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part.

As a result, the Defendants committed sexual intercourse with each other with victims who are unable to resist jointly.

Summary of Evidence

Defendants’ partial legal statements

1. Statements made in E and D in the second protocol of the trial;

1. The police statement concerning F;

1. C’s statement;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (on-site verification), investigation reports (referring to requests for appraisal of the concentration of blood alcohol between countries and fisheries), investigation reports (referring to the results of genetic analysis and request for appraisal), investigation reports (the analysis of CCTV inside and outside the case site), investigation reports (the analysis of CCTV inside and outside the case site), and investigation reports (the details of conversations

1. Defendants of the pertinent Article of the Criminal Act and of the choice of punishment: each of the Defendants.

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