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(영문) 창원지방법원 진주지원 2018.11.15 2018고합100
준강간
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, from the date of the conclusion of the judgment, the defendants are above four years for each of the four years.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Victim G (the age of 28) are employees of the same interior business entity, and the Defendants from May 28, 2018 to the victim from May 28, 2018.

6. From around 13.1, from around 13. to Gyeongnam-gun, while working together at the construction site of Mali-ri in the Namnam-gun, I was lodging in the O pension located in the Gyeongnam-gun H.

1. On June 14, 2018, Defendant A, at around 23:40 on June 14, 2018, completed a meeting with the victim, B, etc., and sought to drink and drink alcohol back to the accommodation, and the victim did not enter the room, and entered the room of the victim, and the victim discovered that the victim was under the influence of alcohol, and she exceeded knee and panty of the victim, and inserted the Defendant’s sexual organ into the victim’s sexual organ.

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

2. On June 14, 2018, Defendant B entered the victim’s room that he did not go to the victim’s room during the 23:50 on June 14, 2018, Defendant B was considered to have been out of the victim’s room, and the victim was out of the knee and panty kne, and was out of the knee, leading up to the kne, leading up to the lock.

At around 00:25 the following day, the Defendant: (a) entered each of the above workplace rent A and other workplace rent A, and opened and intruded into the victim’s room under the influence of alcohol and has not been corrected; (b) was exempted from all clothes of the victim; and (c) took the victim’s breasts into the victim’s sexual organ.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with respect to G (tentative name);

1. Each protocol concerning the examination of suspect B by the prosecution (as to the defendant A);

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes of Chapter 19 to a photograph by cutting offCC-TV images;

1. Article 299 and Article 297 of the Criminal Act: Defendant A shall be punished for sexual crimes.

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