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(영문) 수원지방법원 2014.05.15 2013고합809

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of three years, respectively.

With respect to the Defendants, 40 hours are 40 hours each.

Reasons

Punishment of the crime

1. Defendants in violation of the Act on the Punishment, etc. of Sexual Crimes (special quasi-rape) are undergraduate students and their friendly relationship.

The Defendants stated in the instant indictment around 19:00 on May 27, 2013, the said date and time as “23:50 on May 27, 2013.” However, according to the victim’s police statement and the Defendants’ prosecutorial statement, the Defendants appears to have met the victim’s drinking time on May 27, 2013.

The victim F (the 27 years of age) and the drinking house located in the Soncheon-dong, which became aware of through hosting, drink the alcohol at the house of the defendant A, who had been moving to the house of 501 Dong 1201, Dong 501, Dong 1201, G in the Soncheon-si, and drink the alcohol at that place.

The Defendants conspired to make the victim, who was under the influence of alcohol, take the victim into sexual intercourse with the victim, and, around May 27, 2013, the instant indictment contains the date and time of the crime “ around 00:40 on May 28, 2013.” However, according to the CCTV image photographs, the card use records submitted by the victim’s defense counsel, and the Defendants’ prosecutor’s statement, the date and time when the Defendants entered the I hotel together with the victim appears to have been around 23:50 on May 27, 2013.

In the instant indictment, the victim is working, and the victim is 204 hotel I 204 in a flood zone H, and the victim is laid off in a bed, and the defendant A was off the clothes of the victim, and the victim was sexual intercourse first with the victim, and the defendant B met the victim's chest first, and the defendant B corrected the facts of the crime in accordance with the facts found by the evidence of conviction.

Although the defendant tried to put his sexual organ into the victim's entrance, the victim has given up sexual intercourse as he followed, saw his body and rejected it.

As a result, the Defendants jointly had sexual intercourse with the victim by using the state of the victim's inability to resist while drunk.

2. Violation of the Specialized Credit Financial Business Act;