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(영문) 서울남부지방법원 2018.04.13 2017고합298

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

Defendant

A and B shall be punished by imprisonment for four years, and by imprisonment for three years, respectively.

With respect to the Defendants, 80 hours are 80 hours.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendants' exercise of their right to defense.

[criminal record] On August 30, 2013, Defendant B was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Southern District Court on the grounds of the violation of the Act on Punishment of Violences, etc., and completed the execution of the sentence at the Seoul Southern District Court on December 25, 2013.

[2] The Defendants, at around 06:00 on January 31, 2016, were engaged in drinking alcohol by combining the victim F (n, 23 years of age) with the victim F (n, 23 years of age) at the E main shop near Gangseo-gu Seoul Metropolitan Government D around January 31, 2016. When the victim under the influence of alcohol left a mixed, the Defendants conspired to jointly engage in sexual intercourse with the victim, and the Defendants came to be the Gel located near the Gangseo-gu Seoul Metropolitan Government D’s head.

From January 31, 2016, at around 11:20 on the same day, the Defendants continued to drink alcohol to a victim, who is unable to resist due to drinking alcohol, such as off-being games, etc., and let the victim knee and knee knee knee knee knee knee knee, and Defendant A sexual intercourse with the victim by inserting his sexual organ into the part of the victim, and Defendant B added his sexual organ to the victim’s entrance, and Defendant A had sexual intercourse with the victim’s sexual organ again after the victim’s sexual intercourse with the victim’s sexual organ inserted into the part of the victim’s sexual organ. At that time, Defendant C maintained the above form.

After that, Defendant C attempted to insert the sexual organ into the part of the victim, which is in an impossible state of resistance while under the influence of alcohol, but did not become an origin, and the victim was taken into the toilet, and the facts charged in the alteration of the toilet against the victim were stated as the "sponsor" but the victim was corrected as the "sponsor" according to the victim's statement (see, e.g., the 14th page of the investigation record). After attaching A and making the victim’s statement, the intent was not achieved on the wind that was followed by inserting the sexual organ into the part behind the victim, but did not occur.