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(영문) 서울중앙지방법원 2015.05.22 2014고합1529
준강간
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, it is against the Defendants for 3 years from the date of the final judgment.

Reasons

The facts of the crime are between the Defendants and the Defendant C, as they have a friendly relationship with the victim H (V, 17 years of age) I, Defendant C purchased alcohol and drinking water at the neighboring convenience store in the KMomoel care room located in Gangnam-gu Seoul, Seoul, at around May 21, 2014, at the same time, around May 21, 2014 and around May 21, 2014.

1. From around 01:00 on May 3, 2014 to around 02:30 on the same day, Defendant A committed the crime of Defendant A: (a) was under the influence of alcohol in the above telecom, and at around 02:30 on the same day, the victim was deprived of the victim’s right and panty; (b) was discharged from the victim’s right to the victim’s back to the bed; and (c) went off the victim’s right to the bed and panty against the victim’s will; and (d) went off the victim’s right to bed and panty; and (d)

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

2. Defendant B committed the crime on the ground that A did not go back to the female room as referred to in the above 1.1. date and time, at a place, A was not in line with the above 1.1. paragraph (1) above, and A was placed in the room before the above female room, and the Defendant was in line with the victim’s body and panty by going back the victim’s body before the victim’s body, and was forced to go out against the victim’s will, and was in sexual intercourse by inserting the victim’s name and panty.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

3. The Defendant committed the crime of Defendant C, at the date, time, and place of the above 1. Paragraph B, after having sexual intercourse with the victim as set forth in the above 2. paragraph B, entered the room following the report and going back the body of the victim, and went off the victim's body, and went off the victim's will and panty with force against the victim's will, and went off the victim's will and has sexual intercourse by inserting the panty:

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. H and I, respectively.

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