(영문) 서울중앙지방법원 2019.10.31 2019고합248

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.10.31 2019고합248

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

Defendants shall be punished by imprisonment for three years.

However, from the date of the final judgment of this case, each of the above four years against the Defendants.

Reasons

Punishment of the crime

Defendants are friendly-gu and Defendant A was aware of the victim C (n, 19 years of age, 19 years of age and SNS) and SNS.

The Defendants had the mind to have sexual intercourse with the victim by drinking alcohol with the victim.

Defendant

A, around 03:30 on August 31, 2018, entered with the victim in the Dongjak-gu Seoul Metropolitan Government Del E, and then, the victim made a false statement to the victim that "B is able to be located only in the toilet because it does not have a well place," and entered the victim again with the defendant B, and the defendant B entered the toilet immediately, and the defendant B entered the toilet.

Defendant

A: (a) While the victim was aware that “B shall not enter the room,” and while having sexual intercourse with the victim, Defendant B, who was in the victim’s own toilet, called “B”; (b) the victim’s satisfys the victim’s resistance by assaulting the victim’s arms by refusing to engage in sexual intercourse and going on the body of the victim; and (c) satfing the victim’s resistance by assaulting the victim’s body by standing up and going on the body of the victim; (d) Defendant B off the clothes and inserting the victim’s sexual organ from the toilet; and (e) Defendant A continued to put the victim’s sexual organ into the part of the victim so that the victim may not sound; and (e) Defendant B inserted his sexual organ into the victim’s sexual organ by inserting one another; and (e) Defendant B inserted the victim’s sexual organ into the victim’s resistance.

Accordingly, the Defendants jointly raped the victim.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. C’s legal statement;

1. A photograph of a message closure;

1. Response to the request for appraisal;

1. One set of CCTV for the telecom;

1. Investigation report (the name of the victim and the photograph attached to the right-hand side of the victim);

1. Application of Acts and subordinate statutes to the notification of appraisal results;

1. Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning criminal facts, the applicable provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제4조 제1항

-형법 제297조

유사 판례

-대구지방법원 포항지원 2015.08.24 2015고합42

-부산지방법원 2019.10.25 2019고합379

-수원지방법원 안양지원 2020.01.10 2019고합139

-수원지방법원 여주지원 2019.06.20 2019고합22

-서울서부지방법원 2019.10.24 2019고합232