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(영문) 의정부지방법원 2019.02.21 2018고합222
성폭력범죄의처벌등에관한특례법위반(특수강간)
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Defendant

A Imprisonment with prison labor for a year and six months, Defendant B's imprisonment for a maximum of two years, and a short of one year and six months, respectively.

(b).

Reasons

Punishment of the crime

The Defendants are in line with each other, and the victim C (the age of 16 at that time) is in line with Defendant B.

Defendant

B and the victim, around December 25, 2017, when drinking together with fluences at a drinking house located in Namyang-si, Namyang-si, around December 25, 2017, the drinking together with fluences of Defendant A, who fluenced in the fluences of the next table, was easy to make soup for juveniles, according to the proposal of Defendant A, who was easy to enter and make soup for juveniles.

At around 04:00 on December 25, 2017, the Defendants: (a) forced the victim’s resistance by leaving the chests of the victim who was divingd in the room room; (b) preventing the victim’s arms and legs from leaving their arms and legs from leaving their arms and legs in both sides, within the room of the Defendant A’s residence in Namyang-si, E and F; and (c) inserted the victim’s sexual organ into the part of the victim’s sound.

The Defendants continued to change the location of the Defendants and inserted the victim’s sexual organ into the victim’s sound book, and Defendant B again inserted the victim’s sexual organ into the victim’s sound book and had sexual intercourse with the victim.

Accordingly, the Defendants jointly raped the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s legal statement;

1. Protocol concerning the examination of suspect by some prosecutors against the Defendants

1. A video CD and stenographic record, a video CD and a tape recording;

1. Statement of each police statement to G, H, I, and J;

1. G statements;

1. Details of message (A) and content of message (B), content of message dialogue (A), content of message dialogue (B), content of message dialogue (C), content of message dialogue (C), record of recording, and content of message;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, and Article 297 of the Criminal Act;

1. Articles 2 and 60(2) of the Juvenile Act, and Article 55(1) of the Criminal Act, respectively.

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