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(영문) 서울동부지방법원 2018.09.07 2018고합202
준유사강간
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. On December 24, 2017, the Defendant discovered that the victim who was under the influence of alcohol was under the influence of alcohol and was under the influence of alcohol, was off the victim’s under the influence of alcohol and off the panty, and sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ into the part of the victim’s sexual organ inserted into the part of the victim’s sexual organ into the part of the victim, namely, “A” and “A” (the victim’s family name, the victim’s 20 years old age), and the victim’s friendly H (the victim’s friendly name).

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

2. Defendant A, at the same time, at the same time and place as the above paragraph (1) above, reported that the above B had sexual intercourse with the victim, and attempted to sexual intercourse with the above H, which was incurred by the Defendant, but he did not have sexual intercourse with the Defendant.

Then, the victim's sexual intercourse, such as refusing to leave the bed down, again being the side of the victim under the influence of alcohol, kid by the victim's entry, prompting the chest and inserting the finger into the part of the victim's drinking.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s resistance impossible condition.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. Each investigation report (emergency sets for victims and I message sent and received by victims);

1. Application of Acts and subordinate statutes to report internal investigation (the analysis of CCTV images inside the generated area);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 299 and 297-2 of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act for the suspension of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against each order to attend education;

1. To punish each sexual crime exempt from disclosure, notification and employment restriction orders;

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