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(영문) 울산지방법원 2018.01.25 2017고합300
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

Defendants shall be punished by imprisonment for two years.

However, each of the above defendants is against the defendants for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 3, 2017, around 05:58, in G G Park located in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendants: (a) had been married with the victim I (the victim I, I, I, 22 years old) who first met in a club from her native H in the G Park; (b) had been able to listen to the horses that the victim would be able to enjoy sobly under the influence of alcohol in the her motherel; and (c) had been able to rape the victim by committing rape in the her mother room.

On June 3, 2017, at around 06:02, the Defendants opened the above 307 visit that was not corrected by Defendant B, and Defendant A entered the above 307 visit.

1. Defendant A infringed on the room in which the victim was the victim by the foregoing method, and, on June 3, 2017, from around 06:02 to around 06:31 on the same day, Defendant A had sexual intercourse with the victim in a situation where he was unable to resist because the victim was locked from above 307.

Accordingly, the defendant invaded into another's room and has sexual intercourse with a victim who is in an incompetence.

2. Defendant B, around June 3, 2017, at around 06:31, 2017, the Defendant: (a) 307 of the above 307, told the victim that he was covered by the victim “ would be able to fright; (b) fright the victim’s fright and clothes; (c) fright the Defendant’s fright and clothes; and (d) frighted the Defendant’s fright and fright the victim’s fright away from the Defendant’s fright and fright, prevented the victim from resisting the victim’s fright to resist

Accordingly, the defendant invadedd another's room and raped the victim by assault.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and subparagraph A of the option of punishment: Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act (Selection of Imprisonment with labor): Defendant B: Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. The Juvenile Act (the Defendants) is each of the Juvenile Act.

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