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(영문) 춘천지방법원 2021.02.16 2020고합124
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and B came to know from the victim (the age of 17) and society, and the Defendant committed the following crimes under the lack of ability to discern things or make decisions due to mental disorders.

Around July 16, 2020, the Defendant and B met the victim and called her "I am locked to the hard telecom," thereby entering the victim and the victim and her on July 16, 2020 to us on July 14:00 around 16, 2020.

The defendant and B do not refuse to do so by the victim in the Ccom D

In spite of the fact that the Defendant laid down on the chest of the victim, the Defendant laid down the her chest, and B prevented the Defendant from putting the victim’s bucks up in the victim’s bucks, and prevented him from getting the victim’s sucks and bucks up, and the Defendant and B got off the victim’s chests and bucks, and only one victim’s chests were revealed.

The defendant continued to be off the victim's panty, and the panty revealed, B exceeded the victim's panty and became the victim's her body.

After that, the defendant, as soon as possible, put his sexual organ into the victim's inner part of the victim's sexual organ, put the victim's sexual organ into the inner part of the victim's sexual organ as soon as possible, and, after inserting the victim's sexual organ on the part of the victim's sexual organ into the victim's negative part of the victim's sexual organ, the defendant raped B by inserting the victim's new sexual organ on the part of the victim's sexual organ into the victim's sexual part.

Accordingly, the defendant raped the victim in collaboration with B.

Summary of Evidence

1. The legal statement of the defendant, B

1. Statement made by the police against the police (list of evidence Nos. 21);

1. Stenographic records;

1. The point of mental and physical weakness in the judgment: The application of suspect A welfare card, a copy of medical record, and a medical certificate to statutes;

1. Relevant Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

1. Article 10(2) and 10(1) of the Criminal Act to mitigate mental and physical weakness.

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