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(영문) 대구지방법원 안동지원 2015.07.16 2015고합28

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

Defendant

A Imprisonment for three years, Defendant B, and C shall be punished by imprisonment for a maximum term of three years and two years and six months, respectively.

Defendants.

Reasons

Punishment of the crime

Defendant

A is a first-year student in E High School, Defendant B is a second-year student in the same school, and Defendant C is a partner of Defendant B.

The Defendants heard that G had sexual intercourse victim H(13 years of age) in a way that they met, had the victim take a large amount of drinking alcohol as the victim, and conspired in advance to rape in the following order: (a) the Defendants had the victim take a large amount of drinking alcohol; and (b) had the victim do so.

On April 19, 2015, from around 01:30 to 05:00 on April 19, 2015, the Defendants, along with the Defendant, continued to drink a game by having the victim, who had a relatively hot heat continue to drink with the beer and beer, and continued to drink the alcohol on the floor, and the victim was placed on the floor after the victim was under the influence of alcohol, and the rest of the Defendant and the victim except for the Defendant A and the victim, as he saw in advance, went out of the end.

Since then, Defendant A got off the victim's panty and inserted his sexual organ into the part of the victim's sound, and went out of the victim's atmosphere where he had sexual intercourse with the victim who is unable to resist due to alcohol, and the victim's sexual organ was waiting for one time, and again, Defendant B entered the victim's room with the victim's panty, and entered the victim's sexual organ into the part of the victim's sound, who is being able to resist due to alcohol, and went out of the victim's sexual intercourse with the victim's sexual organ being unable to resist due to alcohol, and went out of the victim's panty.

Defendant C continued to enter the victim's room, and had sexual intercourse once with the victim who has been unable to resist under the influence of alcohol in the above manner, and Defendant C entered the victim again, and had sexual intercourse once with the victim in the same manner.

Accordingly, the defendants are jointly unable to do so.