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Defendant
B. The indictment against Defendant A is dismissed.
Reasons
1. The summary of the facts charged is that Defendant A and Defendant B are friendships, and the victim F (the victim F) is a female with Vietnam’s nationality, and Defendant B’s second and second G (the Vietnam nationality) was in the office of Defendant B from April 8, 2013, when entering the Republic of Korea on April 9, 2013.
Defendant
B calls from Defendant A on May 14, 2013, around 14, 2013, and calls from Defendant A, “One person is 20 years of age in the house, one person is 40 years of age in the house, and another person is 60 years of age in the 40 years of age in the Republic of Korea, and the defendant A consented to and promised to talk with Vietnam women, and later, the defendant A went to drink the victim at the house of Defendant B located in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si., the defendant A was aboard the bus platform in J around 11:30 on the same day, and went to the victim as “Nel” in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Si in Gu.
At around 13:07 on the same day, Defendant B put the victim who does not refuse to enter the above her inside the telecom, sealed the victim into the telecom, prevented him from leaving the victim who does not know at all the time and place of the Korean horse and the seat of the said her, and raped the victim by forcing him not to resist by putting the victim on the part of the bend and by preventing him from going on the part of the bend and going on the part of the bend, and by committing sexual intercourse with the victim once.
Accordingly, the Defendants jointly raped the victim.
2. Determination
A. In order to establish a special rape by committing a crime under Article 297 of the Criminal Act by two or more persons under Article 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, there should be a sharing of an act of conduct as a subjective requirement and objective requirement. The solicitation does not require any legal static punishment, and thus, it is between accomplices.