Ga. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.)

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.);

(c) Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes;

(Chhographing)

1. A. (name before opening: this, 95 years old, south) and high school students;

Residential Suwon-si District:

Ansan-si in the place of registration

2. A. (c) Dasan (the 95-years and male), and high school students;

Residential Suwon City

Seoul basic domicile

Park Jong-young (Court Prosecution) (Courtrooms) and Courtrooms (Courtrooms)

Attorney Song Jin-ok or Park Young-young (for the purpose of this space)

Law Firm Doz.

[Defendant-Appellant] Hunting the Constitution (Attorney Shin Young-chul, Counsel for defendant-appellant)

June 28, 2013

Defendants shall be punished by imprisonment for a maximum of four years and six months and by a short of four years.

The Defendants ordered each of the 120-hour sexual assault treatment programs to be completed. The Defendant’s charge of indecent act by compulsion among the facts charged in the instant case is not guilty.

Criminal facts

1. The Defendants’ co-principal

On November 18, 201, 201: (a) around 30:30, the Defendants had the Defendant engage in a game, such as 15-year-old, Suwon-dong, Sinwon-gu, Sinwon-si, with 3-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and had the Defendants take it out in advance

Accordingly, under the influence of alcohol, the victim was placed on the rooftop entrance to avoid the her place, and the Defendants were placed on the floor by putting the victim, and the Defendant was exempted from the victim’s lower part, and the Defendant was prevented from getting off the victim’s arms, and the Defendant was raped once by inserting his sexual organ into the victim’s sexual organ.

Then, the defendant Shin Young-gu added his sexual organ to the victim's sexual organ, thereby committing rape once, and the defendant raised his sexual organ into the victim's sexual organ.

As a result, the Defendants raped the victim jointly, thereby resulting in the victim's injury, such as an infection of the number of days of treatment.

2. Crimes committed by Defendant Shin Young-chul;

As set forth in Paragraph 1, the Defendant taken the body of the victim who could cause a sense of sexual shame by using mobile phone camera when the victim rapes the victim against his will.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of △△△ and △△△;

1. The written statement of each police officer made to the Dog-si and Dog-si;

1. Contents of letters sent and received by ○○, such as the victim’s gambling;

1. A written statement of the mother of 00 amb00;

1. A written diagnosis and reply to a request for appraisal;

1. Two copies of the receipt of the report on the 112 crime, each site photograph, the case video CD (victim Park○○○○), the new mobile phone analysis CD, and one CD analysis on the mobile phone;

1. An investigation report (general), an investigation report (the process of receipt and the uniform photographs of the victim), an investigation report (the victim's gambling, the counter-investigation of the 119 first responder who escorted the victim's ○○ and the next 119 first responder who escorted the victim's ○○○), an investigation report (the statement, etc. of the victim's gambling ○○), an investigation report (the diagnosis document submitted by the mother of the victim's gambling ○) (the diagnosis document submitted by the victim's ○○), an investigation report (the appointment, etc. of attorney-at-law of the victim's gambling ○○○○), an investigation report (the confirmation of the details of the Kaka

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendants: Articles 8(1) and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); and Article 297 of the former Criminal Act (Joint Rape; Selection of Penalty for Imprisonment)

B. Defendant Shin Young-gu: Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) (a) (the taking of a camera, etc. and the choice of imprisonment)

1. Mitigation of juveniles;

Articles 2 and 60 (2) of the Juvenile Act, and Article 55 (1) 3 of the Criminal Act [Article 55 (2) of the Criminal Act concerning the crimes committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury

1. Aggravation for concurrent crimes;

Defendant Shin-chul: The former part of Article 37, and Articles 38(1)2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Death or Injury Resulting from Rape, etc.))

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Code (The following extenuating circumstances are considered for the reasons for sentencing)

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

1. Order to complete programs;

Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012) and the main sentence of Article 21(2) of the same Act

Judgment on Defendants’ assertion

1. Summary of the assertion

The defendants had sexual intercourse with the victim. However, at the time of the case, the victim's consciousness was clear, each sexual intercourse was made under the agreement with the victim, and the victim's sexual intercourse was taken with the consent of the victim.

2. Determination

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the defendants are not allowed to accept the above defendants' assertion on the ground that: (a) the defendants, as stated in the facts constituting a crime, placed a drunk victim on the rooftop floor; (b) she was unable to get off the victim's lower part; (c) rape the victim in sequence; and (d) the defendant Shin Young-gu taken up the victim's sexual intercourse against the victim's will; and (b) she sufficiently recognized the fact that the defendant she taken the victim's sexual intercourse and taken the victim's sexual intercourse against the victim's will.

① The victim consistently conducted a game from the investigative agency to this court, including “Isking game, first to the Defendant,” and “Isking game.” The Defendants did not refuse to perform penal provisions, such as kis, so they drinking alcohol, and did not have a mind. The Defendants saw the Defendants to go on the rooftop in a string and opposite manner. After putting themselves on the floor, the Defendants was discharged from the body of the Defendant, and the Defendant was discharged from the body of the Defendant, and the Defendant was able to take the body of the Defendant. Accordingly, the Defendants were unable to fright down their arms, and the Defendant was put in the sexual flag. At the time, the Defendants were dissatisfying the spirit of the Defendants, and the Defendants did not know that they were satisfy, as a whole, at the time of the Defendant’s oral statement. The Defendant’s oral statement was consistent with the following purport.

② The victim’s friendly arrest of the victim had consistently been from the investigative agency to this court, and there was no drinking spirit while drinking alcohol with the victim. The Defendants had been unable to drive the victim who was under way on the side of the front door 1 to 2 Rale door, and the victim was "Ampha and ma". The victim was unsatisfyed again, and the victim was unsatisfyed, and the victim got unsatched, but the victim got unsatisfy, but the victim got out of his mind. At the time of drinking, the Defendants released the Defendant’s cell phone Nos. 1 and the contents of the Defendant’s cell phone Nos. 1 and 1 were deleted from the Defendant’s list of this Kakao Maoo Mao-gu. This was in substitution with the victim’s statement about the situation at the time when the Defendants made a statement.

③ 이 사건 범행 당시 피해자의 의식이 명료한 상태였는지에 관하여 보건대, ⑦ 피고인 이은 검찰에서 " 성관계를 마치고 옥상을 떠날 때 보니 피해자가 고개를 숙이고 졸고 있었다. 합기도 간다고 하자 대답이 없었다 " 라고 진술한 점 ( 증거기록 734쪽 ), ④ 피고인 신□□은 " 성관계 후 옷이 벗겨진 상태에서 피해자가 벽 끝으로 가서 소변을 보았다 " 라고 진술하였는바 ( 증거기록 717쪽 ), 만일 피해자의 의식이 명료하여 정상적인 사리판단이 가능한 상태였다면 고등학교 1학년 여학생인 피해자가 남학생 2명이 지켜보고 있는 가운데 옥상에서 소변을 보았을 리가 없는 점, Ⓒ 피해자는 사건 당시 술에 취해 몸을 가눌 수 없을 정도였다고 진술하고 있고, 차□□도 이 법정에서 피해자가 의식을 잃고 쓰러져 있었다는 취지로 진술하고 있는 점, ② 사건 직후 아주대 학교병원으로 후송된 피해자는 의식이 없었고 옷이 젖어 있고 흙이 묻어 있는 상태에서 추위로 몸을 떨고 있었는바, 성관계 이후 별도로 음주, 약물복용 등의 사정이 엿보이지 않는 이 사건에서 멀쩡하던 피해자가 병원 후송 이후 갑자기 의식을 잃었을 리는 없는 점 등에 비추어, 이 사건 당시 피해자가 의식이 명료한 상태에서 피고인들과 순차 성관계를 하였다는 피고인들의 주장은 받아들이기 어렵다 .

④ On the other hand, a sexually related video taken by Defendant 1 had a face where the victim actively responded to the sexual intercourse with the Defendant. However, the above sexually related video is ① the part that the victim under the influence of drinking on the roof 7-8 Ra and moved to the above apartment 1-2 Ra, the part that the Defendants exceeded the clothes of the victim under the influence of drinking, the part that the Defendant was exempted from his clothes, and the part that inserted the sexual organ into the part of the victim. The victim’s sexual intercourse was less recorded on the short time with the victim’s sexual intercourse. ④ On November 11, 2011, after the crime of this case was committed, the victim cannot be seen as having been able to have been able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to.

⑤ On the same day, the victim became aware of the fact that he was able to drink the Defendant on the first day, and immediately before being arranged for the drinking place. The victim, as a female student in the first year of high school, agreed to have sexual intercourse with two male students first in front of the day and on the apartment rooftop, and there is no reasonable ground to have consented to have sexual intercourse taken by video. Furthermore, the victim’s sexual intercourse was under the influence of alcohol, and the victim’s sexual intercourse was under the influence of alcohol, and it is difficult to view that the victim was able to have neglected his sexual intercourse with the Defendants.

6) After completing a sexual relationship with the victim, the Defendant deleted the contents of the conversation with the victim’s cell phone in △△△△, and the Defendants left the site by leaving the site by leaving the victim, etc. under the influence of alcohol on the rooftop. If the Defendants completed a sexual relationship under the agreement with the victim, there is no reason for the Defendants to delete materials to track their personal information without attempting to help the victim under the influence of alcohol and leave the site.

7) immediately after the instant case, △△△ stated that her mother “I sent her word,” the victim sent to a hospital, without consciousness, was out of her body in the state of milching, and the front her body was broken, and there is little possibility that her first-year female student in high school had a sexual intercourse with her two male students on the same occasion in an inferior condition.

① On November 11, 201, immediately after the instant case, the Defendants sent and received text messages to prevent the occurrence of the instant crime.

The Defendants, on the first day of the instant case, engaged in drinking on the victim’s day of the instant case and on the apartment rooftop, and took a dynamic image of the victim’s sexual act against the victim’s will. In light of the method and circumstances of the instant crime, etc., the nature of the crime is very poor. The victim, who was only 15 years old at the time of the instant crime, was suffering from mental and physical pain difficult to recover through life, and the family members who are complying with the instant crime were also suffering from extreme mental pain. Nevertheless, the Defendants actively distorted the facts based on the dynamic image taken by the victim and actively distorted the facts and transferred the responsibility of the victim. Considering the fact that the victims wanted to severely punish the Defendants until the instant court, considering the fact that the Defendants were still a high school school in the third year, there was no particular criminal history, and that there was no considerable amount of money deposited for the victim, it is inevitable for the Defendants to sentence the same sentence even if they deposited the money for the victim.

Registration of Personal Information

Where a conviction is finalized against the Defendants, the Defendants are obligated to submit personal information to the competent authority pursuant to Article 4(2) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012); Article 3(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 9765, Jun. 9, 2009); Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 201); Article 42(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and thus, personal information is subject to registration.

The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that "where a defendant is a child or juvenile, the defendant shall be an exception to the disclosure order and notification order." As of the date of the sentencing of this case, the defendants constitute children or juveniles under the age of 17 as of the date of the sentencing of this case, and thus, the disclosure order and notification order shall not be imposed in accordance with each of the above proviso.

The acquittal portion

1. Summary of the facts charged

Of the instant facts charged against Defendant B, the gist of indecent act by compulsion was as follows: “Around 30, the Defendant committed indecent act by compulsion against the victim, who was under the influence of alcohol on the floor on the river-dong rooftop of Suwon-gu Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, and who was under the influence of alcohol on the floor, was able to talk with the victim, who was the juvenile, by hand, by force.”

2. The gist of the defendant's objection

Defendant 1 merely stated that he had the victim under the influence of alcohol drinked at the time of the instant case with water, and that he did not commit an indecent act by force against the vehicle, such as the facts charged.

3. The judgment of this court is based on the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the Defendant has consistently changed from the investigative agency to this court to the purport that “the Defendant was drinking water and did not commit an indecent act against the victim”, ② Park Jong-gu stated that “the Defendant was drinking water to the victim” in this court, ③ the victim said that “the Defendant was drinking water to the victim,” and said that “the Defendant was drinking water,” and the victim said that “the Defendant was drinking water.” The victim thought that the Defendant could have committed an indecent act because the Defendant was frightened and the clothes flowed. In full view of the above facts charged, it is difficult to readily conclude that some of the Defendant’s statements made by the investigative agency to the effect that there was an indecent act against the victim, and there is no evidence to acknowledge that there was an indecent act against the victim.

C. If so, the above facts charged constitute a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act

Judges Yoonn-heer of the presiding judge

Judges Yang Young-young

Judges in the order of precedence