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(영문) 수원지방법원 성남지원 2018.06.21 2018고합93
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for three years.

However, from the date of the final judgment, the sentence against the Defendants is executed for four years from the date of final judgment.

Reasons

Criminal facts

On October 1, 2017, the Defendants discovered the victim G (the name, the 27-year old age) who sited in drinking in the stairs of the F Station building located in the Seoul Special Metropolitan City Gwangjin-gu, and laid the victim to the taxi and moved the victim to the H market located in the Sungnam-gu H market near the Sungnam-si Si. At that place, the Defendants conspired the victim to move the victim to the "Jelel" located in I in the Sungnam-gu, Seoul Special Metropolitan City.

Defendant

A, around the same day, around 05:00, entered the victim's 407 motherel with the victim's 407 motherel, and opened the victim's her mother phone visit. Defendant B, in advance, was waiting for a clerical error in the victim's 4th floor, Defendant A and the victim were entering the her motherel, and entered approximately 1,2 minutes later.

Defendant

A lapsing from the body of the victim, who was frightened in her mouth by drinking, and inserting his sexual organ into the body of the victim, and Defendant B tried to open his sexual organ to the body of the victim and put his sexual organ into the body of the victim into the body of the victim. However, the victim did not have the body of the victim and the body of Defendant B.

Accordingly, the Defendants, together, have sexual intercourse with the victim who is in a state of mental and physical loss.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the prosecution with regard to G;

1. A report on investigation (verification of CCTVs in Jackel);

1. 112 Reporting case handling table;

1. Application of statutes on site photographs;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act, and the choice of imprisonment for a limited term;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification Orders, and children and juveniles.

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