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(영문) 춘천지방법원 강릉지원 2014.07.17 2014고합46

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

Defendant

A shall be punished by imprisonment for six years, by imprisonment for five years, and imprisonment for four years, respectively.

Reasons

Punishment of the crime

Defendant

A and B are the two-year marine bioscience of E University and the two-year course of Defendant C are the same group of students in the same school information and communication department and the two-year course of students F (V, 19 years of age).

Defendant

A and B, around 20:00 on April 28, 2014, while drinking alcohol together with the same university after the victim, the victim, Defendant A, and C, who had been living together with the victim, went to the victim under Gangnam-si I room 307.

1. Defendant A’s quasi-rape, Defendant B, and C’s quasi-rape: around April 29, 2014, around 03:00 and around April 29, 201, Defendant A attempted to look at the victim under the influence of alcohol in the above room to have sexual intercourse with the victim who is unable to resist; and suggested the victim B and C to have rape.

Accordingly, Defendant B and C told Defendant A to the effect that “I can get off as soon as possible”, and they turn off the studio to the outside of the room so that Defendant A can rape the victim.

Defendant

A, Defendant B and C left the studio, as seen above, exceeded the victim’s lower part of the victim who was unable to resist under the influence of alcohol, and had sexual intercourse once by inserting the sexual flag into the part of the victim’s sound.

Accordingly, Defendant A raped the victim in a state of impossibility to resist, and Defendant B and C aided and abetted the rape of the victim by facilitating the rape of the victim as above.

2. Defendants B and C had sexual intercourse with the victim as set forth in the above paragraph (1) and re-entered in the studio. Defendant A proposed that the victim should have sexual intercourse with the victim by setting the order in which Defendant B, C, and C agreed to have sexual intercourse with the victim in the order of Defendant B, Defendant C, and Defendant A, with their consent, to have sexual intercourse with the victim alternately in the order of Defendant B, Defendant C, and Defendant C, and other Defendants waiting for the above studio while having sexual intercourse with the victim.

In such a way as above.