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(영문) 인천지방법원 2014.12.24 2014고합516
준강간
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

Defendant

A and B entered the “Ena Art” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, around 00:00 on February 9, 2014, as a friendship-gu.

B around 05:00 on February 9, 2014, around 05:00, 2014, after having met the Victim F through the so-called “Enat” in the said “Enat,” the said “Enat” with the victim, and around 05:34 on the same day, around 05:301.

On the other hand, Defendant A she hedgingd with “E” in the above “E” and sent B with “E” as well as with “E” at home. On the same day, Defendant A sent B a cell phone contact with B in order to go to the PC, with B at around 06:15 on the same day, and then transferred B’s location to the said “Hel”.

Defendant

At around 06:41 on the same day, A, stating that B and the victim were able to enter the above “Hel” 301 and use the toilet, and presented B first, and had sexual intercourse between B and B with the victim by mind that the victim, who is in the bed in the bed, was able to have sexual intercourse with the victim, and by taking advantage of the victim’s mental disorder or the state of failing to resist.

Summary of Evidence

1. Defendant A’s legal statement

1. Partial statement of the witness F in the court;

1. Some statements in the suspect examination protocol of the prosecution concerning B;

1. Each police statement made to I (including J's statement) and F;

1. Report on internal investigation (Investigation of CCTV into HMoel), report on internal investigation (investigation into the field of telecom), and report on internal investigation ( Results of the expert report by the Seoul National Scientific Investigation Institute);

1. Application of Acts and subordinate statutes to DNA identification requests (Evidence Nos. 26 of the evidence list), and to the table of requests for appraisal (whether to detect any remaining gene type, and No. 32 of the evidence list);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;

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