(영문) 인천지방법원 2015.12.02 2015고합587

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Reasons

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자간(%)

(영문) 인천지방법원 2015.12.02 2015고합587

성폭력범죄의처벌등에관한특례법위반(특수준강간)

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Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

The Defendants, around 00:00 on August 11, 2015, were to drink the victim I (the victim I, the 23 years old and the 23 years old and the 105 years old and the 105 K in J in the same Gu on the same day.

At around 06:20 on the same day, the Defendants were able to report the victims under the influence of alcohol in 105 and to have sexual intercourse with the victims. Defendant A, by taking advantage of the victim’s body, put the victim into the direction of the above A, put the victim on the victim’s hand, put the victim into the victim’s entrance and part, put the victim into the victim’s body, put the hand into the victim’s body, put the victim into the victim’s body. Defendant B, above, “I am not to take the width,” and put the victim’s body into the victim’s entrance. Defendant A continued to put the victim into the victim’s body, and Defendant A tried to put the victim’s sexual organ into the part of the victim’s body and to put the victim’s body into the part of the victim’s body, and did not reach the victim’s sound.”

As a result, the Defendants jointly tried to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of the victim's failure to resist.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Statement of the police statement of the victim;

1. Statement of the police statement related to L of a witness;

1. Determination as to the Defendant B and defense counsel’s assertion of investigation report (Attachment to the suspect B’s Handphone SNS dialogue, the investigation into K CCTV, and the response to the results of appraisal by the Seoul Scientific Investigation Institute)

1. The summary of the argument is only the fact that Defendant B forced the victim to engage in sexual intercourse at the time and place of the crime of this case, and there was no conspiracy between Defendant A and the victim or sharing of the act of execution.

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