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(영문) 수원지방법원 안산지원 2017.02.17 2016고합75
성폭력범죄의처벌등에관한특례법위반(특수강간)
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Defendant

A Imprisonment with prison labor for three years, and for one year, for Defendant B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

On April 22, 2015, the Defendants got the victim E (e.g., 25 years of age) who had drinking together with drinking on the light of around 22, 2015, and got the victim to 507 "Gel" located in F at Sin interest.

Defendant

A, around 00:05 on April 22, 2015, referred to the purport that “Gel” Defendant B was “I have no superior relationship with her fluent gender,” and, even though the victim who was in a fluent state under the influence of alcohol, was sexual intercourse by inserting his her sexual organ into the victim’s sexual organ during the fluent period of another victim.

During that period, the victim's resistance, which led to the omission of the victim's sexual organ, was interrupted at the time. In this case, Defendant B prevented the victim from getting out of the victim.

In response to the victim's resistance and resistance, i.e., stating that he would pay off money, and attaching a fire to the suspension in which he was located, Defendant B went to the bank, and Defendant A did not go to the guest room, and Defendant A did not go to the crime of rape that was interrupted by the victim's suppression of resistance, such as putting the victim's hand, so that the victim may not leave his seat, but did not reach the insertion.

As a result, Defendant A had sexual intercourse with the victim, and Defendant B had been prevented from blocking the victim who would be out of the guest room with the knowledge of the circumstances that Defendant A would commit rape, thereby making it easier for Defendant A to commit sexual intercourse with the victim.

Summary of Evidence

1. Partial statement of the defendant A (as at the second trial date);

1. The defendant B's partial statement

1. Legal statement of witness E;

1. Statement made by the police with H;

1. A report on internal investigation (a CCTV around the G Telecom), and a report on internal investigation (a CCTV at the I main point);

1. Each written appraisal request, each written appraisal, each gene appraisal report (A, B, and each reply to fact;

1. Application of CCTV photographs and on-site photographs Acts and subordinate statutes to the CCTV in a hotel;

1. Criminal facts;

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