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(영문) 전주지방법원 2018.05.31 2018고합32
준강간등
Text

Defendant

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

except that from the date of this judgment.

Reasons

Punishment of the crime

On November 19, 2017, the Defendants drink four and nine drinkings, including the flag of the Defendants, the victim J (a person, the victim, and the age of 29), at the main point of the trade name “I” located in Y in Yasan-si, Jeonju-si, Jeonju-si.

Defendant

A, while under the influence of alcohol, the victim went to the toilet by the victim, and the victim went from the toilet to his own vehicle, and the victim went to the guest room of 105 Mobel K in the Yesan-gu.

1. The Defendant, on the same day, committed the sole crime of Defendant A with the same day, exceeded the clothes of the victim, which he was locked under the influence of alcohol, and had sexual intercourse once by inserting his sexual organ into his sound part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

2. The defendants A committed a joint crime with the defendants around 05:30 on the same day after the crime of paragraph 1, and around 05:30 on the same day, "M is doing so, and you are remaining.

In this way, I am, I am, I am very soon, called Ra, and notified the address and room of the above telecom by telephone.

Defendant

B around 06:40 on the same day, at around 06:40, at the above Lel 105 room, the sexual intercourse was made once by inserting the sexual organ into the part of the victim who was locked in the physical state, and the Defendant A was able to enjoy on the part of the victim while Defendant B performing the above act.

As a result, the Defendants, together, had sexual intercourse by using the victim’s mental and physical loss or arbitrative condition.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to J;

1. The application of Acts and subordinate statutes to each investigation report (in relation to telephone conversations with victims, and public invitation relationships between suspects, etc. with respect to the attachment of a response letter to the National Research Institute of Scientific Investigation, response to a report as a result of digital evidence analysis, and results

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 4(3) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 4(1) of the Criminal Act.

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