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(영문) 부산지방법원 2016.01.22 2015고합544
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and D, "2015 Gohap 544," are middle school Dongs, and the victim E (V, 20 years of age) is between Dong-gu and Dong-dong.

Around May 15, 2015, the Defendant and D: (a) around 05:20, at around 05:20, Gabur 303 in Busan Northern-gu, with the intent of having the victim enjoying alcohol in the bed, and to rape; (b) the Defendant: (c) had the victim’s panty and exempted from panty; (d) had the victim’s body divided the victim’s body; and (e) had sexual intercourse with D continuously prevented the victim from resisting the victim by the said method; and (e) had sexual intercourse once with D.

Accordingly, the defendant and D jointly raped the victim.

around 22:50 on April 29, 201, the Defendant, at around 22:50 on April 29, 201, was fluenced by Jnman 305 operated by the victim I located in Geum-gu, Busan, and paid approximately 40 minutes of accommodation expenses paid to the victim to leave. However, the Defendant brought about KRW 60,00 in cash owned by the victim who was on the books of the Kapoter and did not return to the victim.

As a result, the defendant stolen 60,000 won in cash owned by the victim together with the above-gu.

Summary of Evidence

"2015 Gohap 544"

1. Statement by the defendant in court;

1. A protocol concerning examination of partially the police in relation to D;

1. Each police statement protocol on E, K, L, or M;

1. The K's statement;

1. Photographss, such as each on-site photograph, telephone record, credit card slips, sanitary supplies, and CCTV-cap photographs, Kakakao Stockholm messages, each appraisal report "2015, 590";

1. Statement by the defendant in court;

1. A written statement of I;

1. Application of Acts and subordinate statutes to a field identification report, photograph, response to a request for appraisal, gene appraisal report, investigation report (No. 11 No. list of evidence);

1. Between the relevant legal provisions and special discipline on the crime: Article 4 (1) of the Act on the Punishment, etc. of Sexual Crimes and Article 297 of the Criminal Act; Special larceny: Article 331 (2) and (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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