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(영문) 수원지방법원 2015.05.22 2015고합125
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

A and C Imprisonment for a maximum of two years and six months, for a short of two years, for defendant B, for a maximum of two years and for a short of one year and six months.

Reasons

Punishment of the crime

Defendant

A and Defendant C were enrolled in the first grade in E High School and the second grade in the same school, and the victim F (the age of 16) was a student attending the same school as the Defendants, and the Defendants were able to have sexual intercourse with a female by using the veterans hall located in the Namyang-si, Namyang-si from November 1, 2014 to 08:00.

On November 1, 2014, at around 08:30, the Defendants: (a) laid the victim on the Gagra-dong rooftop, on the Gagra-dong rooftop; (b) laid the victim on the Dog-dong rooftop; and (c) proposed that Defendant A “(sexual relation with the victim)” was “one defect; (d) Defendant C and Defendant B consented thereto; (e) Defendant C met the victim’s chest; and (e) Defendant C sent the victim’s Cheongba and panty panty.

In addition, Defendant A exceeded the part of the victim, and inserted the sexual organ into the part of the victim’s sound even though the victim got her eye “ma”, and Defendant B added the finger to the part of the victim’s chest, and Defendant B added the finger to the part of the victim’s sound, and Defendant C exceeded the part of the victim’s finger, and then inserted the finger into the part of the victim’s sound.

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police of the F;

1. A written statement;

1. A photograph, a copy, and a photograph;

1. Application of Acts and subordinate statutes to a report on investigation (a list of evidence Nos. 17,20,23,43,45, 48);

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the facts constituting an offense, Article 299 of the Criminal Act, Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 29 and 30 of the Criminal Act;

1.Article 40, Section 40, of the Criminal Code of Trade and Trade.

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