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(영문) 춘천지방법원 원주지원 2015.12.24 2015고합98
준강간
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants at the end of June 2015

7. The Defendant became aware of the victim D (nive, 24 years old) through the “Seblive game online game,” and became aware of the victim’s initial seat, and she was able to drink with the victim’s dwelling, and she was locked at the victim’s residence, and she was able to sleep together with the victim’s initial seat, with the victim’s dwelling.

1. From 2:00 on July 26, 2015 to 3:35 on July 26, 2015, Defendant A, under the influence of alcohol, had a victim’s chest who was divingd with the victim at his/her residence, and had sexual intercourse once with the victim.

Accordingly, the Defendant, under the influence of alcohol, had sexual intercourse with the victim who was unable to resist.

2. Defendant B, at around 3:35 on July 26, 2015, who was divingd on the floor at the places indicated in the above paragraph (1), had sexual intercourse with the victim, and reported that the victim was in a toilet as stated in the above paragraph (1) and left hand, left hand, had the victim’s chest on the part of the victim’s chest and had a photograph taken by hand, and tried to have sexual intercourse with the victim, with the victim’s chest and buckbbbbbbbbs, and had the victim’s chest on the part of the hand.

Accordingly, the defendant tried to have sexual intercourse with the victim who is in a state of impossibility to resist due to being drunk, and taken the victim's body against his will that could cause sexual humiliation or shame.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of each police of D;

1. Records of seizure and the list of seizure;

1. Report of investigation (examination of suspect's results from cell phone analysis), contents of cell phone analysis, application of each Act and subordinate statutes to one photograph;

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

A. Defendant A: Articles 299 and 297 of the Criminal Act

B. Defendant B: Article 300 of the Criminal Act.

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