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(영문) 부산지방법원 2015.06.05 2014고합846
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendant

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

except that from the date of this judgment.

Reasons

Punishment of the crime

On October 23, 2014, the Defendants drinking alcohol to the victim F (n, 19 years old, 19 years old, 19 years old, 19 years old, 19 years old, 24 years following, and 01:30 years following, and 24 years following, 19 years old, 24 years old, 01:30 victims and 19 years old.

1. On October 24, 2014, around 03:00 on October 24, 2014, the Defendant: (a) at the above F’s house located in the Busan Northern-gu, Busan; (b) crebs that the victim G could not resist due to alcohol; and (c) the Defendant met the victim’s ship, chest, and fluor, by hand.

Therefore, the defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist.

2. The Defendants, at the time, at the place, and at the time, at the above 1.1.m. location, the victim F was unable to resist with the victim F while under the influence of alcohol, and caused the victim to have sexual intercourse.

Accordingly, Defendant B, by hand, had the victim's chest and sacrine, and Defendant B, who had the victim sacred with Defendant B's fingers, had both the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son, and the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

Therefore, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s state of non-performance.

Summary of Evidence

Paragraph (1) of this Article shall apply to the facts of crime.

1. Some statements in the suspect examination protocol of Defendant C by the prosecution

1. Statement made by a witness I in the second protocol of the trial;

1. Each police statement to F and G (Evidence No. 2, 9)

1. Conversation recording files (Evidence No. 31 of the Evidence List);

1. On-site photographs Defendant C attempted two times to enjoy the victim G in one’s side and come to know, but the said victim spreads.

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