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(영문) 서울동부지방법원 2016.11.10 2016고합263

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)방조등

Text

Defendant

A Imprisonment with prison labor for two years and for three years, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendants and E are relatives who work on a part-time basis at the main point of “G” located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F and live together at one house.

1. On July 5, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape) by Defendant B, at around 04:58, 2016, went to drinking together with the victim I (the victim I, I, 19 years old) who was residing at the Defendant’s home located at the Defendant’s home located at the H 102 level in Gwangjin-gu Seoul Special Metropolitan City, and went to a customer at the main place. After that, the Defendant’s speech that the said victim was going to a nearby her mother and went to a nearby her home, the Defendant was her child (the victim's name) through a telephone call with A and then the victim was her child (the victim’s sex relationship).

At around 05:07 on the same day, the Defendant: (a) was under the influence of alcohol from A in front of the Jmotour on the roads of the Jmour located in K in Gwangjin-gu Seoul Special Metropolitan City; (b) was driving ahead of the fact that “the female (victim) was under the influence of alcohol in the above 208 Mourel room; and (c) was exempted from A, and entered into the above Mour.

At around 05:12 on the same day, the Defendant, at around 05:12, intruded into the entrance door of the guest room that was not set up in Jambur 208 room, and, under the influence of alcohol, had sexual intercourse with another victim on the body of the victim who was unable to resist due to being locked.

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

2. Defendant A

A. A. Around July 5, 2016, around 04:58, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape-rape-rape-rape-rape-rape-rape-rape-rape) was found to be a customer at the Jmo-gu in Gwangjin-gu Seoul Special Metropolitan City, with the victim I (the victim I, I, I, I, 19 years of age) who was found to be a customer in his/her main place, and thereafter, he/she is found to have a victim as the victim is working