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(영문) 부산지방법원 동부지원 2020.02.04 2019고합229

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

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

However, it is against the Defendants for 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

Defendants are relatives living together in Busan Shipping Daegu C Apartment, and victims E (the age of 28) are those who are enrolled in the middle of August 2019 with Defendant A.

After drinking alcohol together with the person, the Defendants conspired to rape the victim by taking advantage of the victim’s condition who was under diving in his/her residence while drinking alcohol, and to photograph the above site with the cell phone.

1. The Defendants in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) committed on August 25, 2019 at around 02:00, taking advantage of the state of the victim’s residence, who was under the influence of alcohol and was under diving on the part of the defendant A, and taking advantage of the victim’s diving, the Defendant A was off from the victim’s clothes, and met the chest and the part of the victim’s clothes, and the Defendant B was “the same defect” to the victim B. Defendant B tried to put the victim’s chest and the part of the victim’s her chest and the part of the part that the victim was under the influence of the victim, but failed to realize that intent because the victim’s sexual organ was not discovered.

Accordingly, the defendants tried to have sexual intercourse with the victim who is not able to resist jointly.

2. The Defendants in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Camera, etc.) were taken by Defendant A using their cell phoness at the time and place specified in paragraph (1); Defendant A, using his own cell phone, took the appearance of Defendant B, where the body of the injured party and the body of the injured party, who are divingd above the victim’s bed and the body of the injured party’s bed, and Defendant B knew that Defendant A took the above body, but Defendant A was able to take the body of the injured party’s bed. However, Defendant A was able to take the body of the injured party’s bed by hand so that Defendant A can take the parts near

As a result, the Defendants conspired to cause sexual humiliation or shame.