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(영문) 수원지방법원 안양지원 2016.03.18 2015고합191
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

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

Defendant

Sexual assault against A and C for 80 hours each.

Reasons

1. The original facts charged in the criminal history of Defendant A and C are as follows: (a) “The victims drinking alcohol, locked, and the victims are different from each other; (b) Defendant A was the victim G; and Defendant C attempted to rape the victim H; (c) but the expression of the facts charged is modified based on the circumstances acknowledged by the evidence duly adopted and investigated by this court.”

This is not a substantial disadvantage to the defendants' exercise of their right to defend.

On January 31, 2015, around 16:00, the Defendants were friendly B from the Sinpo City F, the second floor, the victim G (the age of 14), the victim H (the age of 14), and the victim H. (the age of 14), and attempted to rape the victim G with any other room. Defendant C attempted to rape the victim H in the room where she was under drinking alcohol, but the victims refused such rape.

Since then, Defendant C, in order to rape the victim G, went into the room in which the victim G was located, was off from the lower part of the victim G in a state of resistance and was able to resist by inserting the sexual organ into the sound part of the victim G, and was raped once by inserting the sexual organ into the sound part of the victim G. Defendant C, after reporting that Defendant C raped the victim G and emitted from the room, entered the room in which the victim G in the room where the victim G was located, and raped once by inserting the sexual organ into the sound part of the victim G.

As a result, the Defendants raped the victim G, which is a juvenile in an impossible state of resistance, and attempted to rape the victim H, who is a juvenile in an impossible state of resistance, but attempted to commit an attempted rape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by each prosecution with respect to G and H;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 4(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act (the point of joint quasi-rape).

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