beta
(영문) 서울남부지방법원 2014.07.17 2014고합210

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

Defendants shall be punished by imprisonment for three years.

However, from the date of the conclusion of this judgment, the defendants are above five years.

Reasons

Punishment of the crime

1. Defendants in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) performed drinking at the Han River Citizens Park in Yeongdeungpo-gu, Seoul, on May 23, 2014, after drinking alcohol at the Han River Citizens Park in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Defendant C was aware of the victim E (the age of 20) and drinking alcohol together with the victim.

Afterwards, the Defendants reported that the victim was aboard the vehicle driven by Defendant A, and the victim was singing around the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Sinsan-dong, and that the victim was sing away. Defendant C proposed that “this female single should be changed once he knows that he would be able to do so at the time of withdrawal, so he would be able to do so.” Defendant B and A agreed to this and agreed to have the victim’s house in order of Defendant C, Defendant B and Defendant C, and agreed to have sexual intercourse with the victim who was in a state of failing to resist because he was locked in order of Defendant C, Defendant B and Defendant C.

On May 23, 2014, at around 02:30, the Defendants entered the office room of Defendant C located in the FF and the third floor of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, and laid off the victim above the bed, and Defendant C and B exceeded the victim’s panty and pantyty, Defendant B and C left the bed, and Defendant B got her bed from the room, and Defendant A had sexual intercourse once with the victim by taking advantage of the state of the victim’s refusal to resist.

Defendant B continued to have sexual intercourse with the victim as above, and had sexual intercourse once with the victim by taking advantage of the victim’s failure to resist, who had been able to do so by entering the room.

Defendant C attempted to have sexual intercourse once with the victim by taking advantage of the victim’s state of inability to resist, which he had been unable to resist, after having sexual intercourse with the victim as above, Defendant C continued to have had attempted to have sexual intercourse with the victim, but was not caused by the wind.

As a result, the defendants together are victims.