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(영문) 수원지방법원 2015.06.09 2015고합51
준강간
Text

Defendants shall be punished by imprisonment for two years.

However, from the date of the final judgment of this case, each of the above three years against the Defendants.

Reasons

Punishment of the crime

At around 04:30 on January 3, 2015, the Defendants were playing together with the Victim F (F) and the Hunting with a chance to do so. On the same day, at around 06:00, the Defendants were able to do so with the Victim F (F (F.M., 18 years of age). At around 06:0 on the same day, the Defendants were able to do so with the Victim F. G, “Hel” 206, with the Victim F.M. 206.

1. At around 12:00 on January 3, 2015, Defendant A reported the victim, who was under influence of alcohol, and was in a game that had been put in prior to diving, and was able to rape the victim. Defendant A was able to look at the victim by inserting her hand into the victim’s inner part, cutting off the victim’s path and panty, and raped the victim in a state of non-performance by inserting the Defendant’s sexual organ into the victim’s negative part.

2. Defendant B, at around 12:00 on January 3, 2015, the Defendant, as described in the foregoing paragraph (1), committed rape against the victim who was deprived of her feet by Defendant B, by reporting the appearance of the victim who was locked by A, and by taking the victim’s desire to rape, by inserting her hand into the victim’s inner part, and by inserting the Defendant’s sexual organ into the victim’s negative part, committed rape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and F;

1. Police investigation report;

1. An explanatory note (a copy of the explanatory note requested for appraisal);

1. Application of statutes on site photographs;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances shall be considered in favor of the Defendants among the reasons for sentencing)

1. Article 62(1) of the Criminal Code of the Suspension of Execution (The following factors are considered to be repeated for the defendants in favor of the reasons for sentencing)

1. Where the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by an order to attend a lecture becomes final and conclusive, the Defendants shall be subject to Article 42 of the Act on Special Cases concerning the Punishment,

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