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(영문) 수원지방법원 안양지원 2017.05.12 2017고합19

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

However, as to the defendants, 4 years have passed from the date of this decision.


Punishment of the crime

The Defendants are those with a post-ship relationship in the same region, and Defendant A was the owner of a building where cosmetics stores operated by the Victim F (F, 28 years old) are entering the same area, and became aware of business with the victim.

On July 14, 2016, the Defendants got scoot experience in the “H Egypt” located in Yangyang-gun G in Yangyang-gun, Gangwon-do. On the same day, around 21:41, the victim was scood in the above “H Lgypt” container accommodation, and the Defendants got scood, respectively, led to their sexual desire for the victim.

1. From July 14, 2016 to July 21:26, 2016, Defendant B discovered that the victim was locked in the front of the “H Egypt container” container, and found that the victim was locked from the side of the Defendant’s body, from around 21:40 on the same day to around 00:26 on the following day, the Defendant exceeded the victim’s lower part, and then added the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a victim who is in an impossible state of resistance.

2. On July 15, 2016, at around 00:26, Defendant A entered a place, such as Paragraph 1, and 00:26, carried a lock back to the victim’s side, leaving the victim’s body in a locking state, and kid up the victim’s body, and inserted the victim’s sexual organ into the victim’s sound part.

Accordingly, the defendant has sexual intercourse with a victim who is in an impossible state of resistance.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and I;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (No. 2, 15, 18, 19, 24, 33, 37, 39, 41, 42, 43, 44, 51, 67 of the evidence list);

1. Application of the statutes of the response request for appraisal;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 299 and 297 of the Criminal Act

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Order of community service;