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(영문) 광주지방법원 2020.06.05 2020고합19
준강간
Text

Defendants shall be punished by imprisonment for two years.

However, from the date of the conclusion of the judgment, each of the above three years against the Defendants.

Reasons

Punishment of the crime

Defendant

A and the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") B shall be a friendly Gu.

C. On 04:00 on 13. 13. 04:00, the victim F (the 20 years of age), the victim’s relative G, and the victim’s friendly G were to drink the alcohol, and thereafter, the victim changed the job to “H main” located in his wife, and then the victim was the victim, Defendant B was the victim, and the victim was the victim at around 06:45, Seo-gu, Seo-gu, Gwangju.

1. The Defendant committed the crime of Defendant A: (a) was under the influence of alcohol between B and B on the studio room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. Defendant B’s criminal act found Company A’s wall tag back with G, and returned to said TelecomJ, and subsequently, Defendant B and G walked out of drinking water to purchase drinking water, and went off the body and clothes of the victim under the influence of alcohol, and had sexual intercourse with the victim’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. Application of the Acts and subordinate statutes of each request for appraisal;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 299 and 297 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (hereinafter referred to as the following factors), each of which is favorable for sentencing;

1. Defendants attending lectures: The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendants exempted from disclosure order and notification order: Articles 47(1) and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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