(영문) 의정부지방법원 2012.11.23 2012고합515

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(영문) 의정부지방법원 2012.11.23 2012고합515

아동ㆍ청소년의성보호에관한법률위반(강간등)

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Defendants shall be punished by imprisonment with prison labor for a maximum of three years and two years and six months.

Sexual assault against the Defendants for 40 hours each.

Reasons

Punishment of the crime

On May 27, 2012, at around 23:15, the Defendants: (a) conspiredd the victim F (inn, 16 years of age) and alcohol with the victim’s F (inn, 16 years of age) in the E apartment 211 East-si, Namyang-si; (b) Defendant A and B were deprived of the victim on May 28, 201 to commit rape in sequence; and (c) Defendant A and B moved to the said apartment 205 rooftop around 00:20 on May 28, 2012.

1. At around 00:40 of the same day, Defendant A, on the above apartment 205 rooftop on the same day, she laid off the victim, who was drunk and unable to resist, on the floor, and laid off all clothes of the victim, and then she laid on the part of the victim’s sexual organ by inserting the victim’s sexual organ into the negative part of the victim.

2. At around 01:00 on the same day, Defendant B raped the victim at the same place, and followed up the victim’s right to resist due to drinking, and then inserted his sexual organ into the victim’s negative part, thereby committing rape.

3. At around 01:30 on the same day, Defendant C, at the same place, she heard the location of the victim from A, arrived at the place, followed B, followed the victim, who was unable to resist, made the victim fright up to the right angle, followed the victim’s sexual organ by inserting the victim’s sexual organ into the drinking part of the victim, and subsequently raped the victim.

Accordingly, the Defendants conspired with each other to rape the victim who is a child or juvenile by taking advantage of the victim's inability to resist, who was drunk.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol concerning G;

1. Each police statement made to F, H, I, and J;

1. Each investigation report (as regards the victim's criminal records on the day of the case, the victim's appearance following the suspect, the discovery and collection of evidence against the suspect CCTV capture, and the victim's collusion with the suspect's statements in relation to the fact that the suspect's CCTV captures are collected;

1. On-site inspection site, logbook, and each on-site photograph (104 pages of investigation records);

1. The References for Expert Opinion (J, A, B).

유사 판례

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