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(영문) 울산지방법원 2017.03.31 2016고합410
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

A shall be punished by imprisonment for a maximum term of three years, for a short term of two years, and for a term of two years and six months and for a short term of two years, respectively.

Reasons

Punishment of the crime

"2017 Gohap 1"

1. Defendant A

A. On November 6, 2015, the Defendant discovered that G observer car owned by the victim F was parked with keys around Ulsan-gun E around Ulsan-gun, Ulsan-do, U.S., and stolen the car by driving it.

B. On November 14:00 on November 6, 2015, the Defendant, without obtaining a driver’s license, driven a vehicle from Ulsan-gun, Ulsan-gun, U.S. to the national highways No. 24 of Ulsan-gun, Ulsan-gun, U.S., in approximately 10km section, which the Defendant stolen, as above.

"2016 Gohap 410"

2. On July 19, 2016, the Defendants conspired to commit rape with the victim J (the 15-year-old age-old) who had been aware of her knowledge at the 1st event held in Ulsan-gun H on July 19, 2016, while drinking alcohol, the Defendants conspired to commit rape with the victim using the victim’s opportunity, who was under the influence of alcohol.

Defendant

A was under the influence of alcohol, as soon as possible the victim's chest part of his chest, and had sexual intercourse once with the victim, and the defendant B also had sexual intercourse with the victim in the same condition.

After all, the Defendants jointly conspired with the victim to have sexual intercourse twice with the victim by taking advantage of the victim's non-refluence condition, and at the same time, had sexual intercourse with the juvenile.

Summary of Evidence

"2017 Gohap 1"

1. A report on occurrence (thief), internal investigation report (AVN search), investigation report (AVNI search), detection report on stolen vehicles, investigation report, and investigation report (investigation into data verifying the confirmation of communications);

1. Requests for genetic appraisal or response to requests for appraisal;

1. Inquiries into communications confirmation data and replies to 2016 Gohap 410;

1. Entry of Defendant B’s partial statement in the second public trial record;

1. The legal statement of K Witness;

1. Statement made by a witness in the third public trial protocol;

1. Video recorded CDs in the victim’s video;

1. The investigation report (such as attachment of a conversation with the victim), the investigation report (in relation to field photographs), the investigation report (in relation to search on the scene of the crime and the investigation into the red sea (hereinafter "the red sea, etc.), and the investigation report (in addition, the search on the scene of the crime and the red sea).

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