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(영문) 수원지방법원 성남지원 2019.06.27 2019고합35
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendant

A shall be punished by imprisonment with prison labor for three years and by imprisonment for two years and six months.

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

Reasons

Criminal facts

1. At around 04:00 on October 8, 2018, the Defendants: (a) drink the alcohol with the victim E (one-year-old, 19 years-old); (b) Defendant A divided the victim’s body from the victim’s upper and lower body; (c) sealed the victim’s body; and (d) inserted the victim’s sexual organ into the victim’s sound part; (b) Defendant A inserted the victim’s sexual organ into the victim’s sound part; (c) Defendant A inserted the victim’s sexual organ into the victim’s sound part; (d) Defendant A inserted the victim’s sexual organ into the victim’s sound part; and (e) Defendant A her rape again inserted the victim’s sexual organ into the part of the victim’s sexual organ.

2. Defendant A, at around 13:00 to 14:00 on October 8, 2018, intended to re-Rape the victim’s body in a place like paragraph (1) and, at the same time, “at least three hundreds of three hundreds of three hundreds of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of threes of one’s body

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to investigation reports (in response to the results of the request for appraisal), legal and chemical appraisal reports (influences to the request for appraisal by the DNA), genetic appraisal reports (influences to the request for appraisal by the suspects), replys to the request for appraisal, gene appraisal reports (influences to the victim's relative extractions), gene appraisal reports (influences to the opportunity juveniles of KICS and DNA-0420), gene appraisal reports (influences to the opportunity female and DNA-0

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (a point of concurrent rape, choice of limited imprisonment), and Article 297 of the Criminal Act (a point of rape);

B. Defendant B: Article 4 of the Act on Special Cases Concerning the Punishment of Sexual Crimes.

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