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(영문) 대구지방법원 2015.10.16 2015고합305
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)등
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Defendant

A Imprisonment with prison labor for eight years and for six years, respectively.

As to the Defendants, 120 hours each time is applicable to the Defendants.

Reasons

Punishment of the crime

1. At around 00:30 on May 9, 2009, the Defendants’ co-principal-offendered Defendants discovered the victim G (here, 16 years of age) in the F located in Daegu Northern-gu E, Daegu, and conspired to rape with the victim’s personal body to find out the victim G (here, 16 years of age).

Therefore, the Defendants followed the victim for about 10 minutes from the H in the same Dong to the victim, and approach the victim as soon as possible in the vicinity of I.

Defendant

A told that the key in his possession was "I am in the back of the victim's back," and told that "I am in the victim's side, I am in the victim's hand and am in other hand, and Defendant B am in the way of the victim's shoulder and am in the way of the victim's alley, and Defendant A am in the way of the victim's alley, and Defendant A could not resist against the victim's back at one time.

The Defendants led the victim to the neighboring parking lot in Daegu Northern-gu E.

Defendant

A goes off the victim's pantyty between the two vehicles parked on both sides, and put the victim on the ground floor, put the victim into the ground floor, and put the victim's sexual organ into the negative part of the victim so that A has sexual intercourse once.

After that, Defendant B added his sexual organ to the victim’s sexual organ, thereby having sexual intercourse with the victim once.

As a result, the Defendants jointly raped the victim, and thereby, suffered from the victim's bodily injury that could not be known about the number of days of treatment.

2. Defendant A’s sole criminal conduct committed rape with the victim in combination with the victim at the same time and place as set forth in paragraph (1), and took advantage of the victim’s identification card and cash 50,000 won behind the victim’s abstinence status.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A report on investigation (a list of evidence Nos. 15, 16, 27, 38, 55);

1. To reply to the results of on-site inspections, on-site surveys, and on-site surveys and reexamination surveys;

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