성폭력범죄의처벌등에관한특례법위반(특수강간)
Defendants shall be punished by imprisonment for a maximum term of three years and by imprisonment for a short term of two years and six months.
Sexual assault for 40 hours against the Defendants.
Punishment of the crime
On February 9, 2014, the Defendants came to know of “F” at the center of “F” located in E University located in Chuncheon-si, Chuncheon-si, through Defendant A and Pungbuk-do. After drinking the victim G (the age of 18) and drinking, the Defendants attempted to rape the victim by advertising the victim as they were unable to grow in mind under the influence of alcohol. On February 10, 2014, at around 01:00, the Defendants went to the victim as an Inman located in Chuncheon-si, Chuncheon-si.
Defendant
A, around 01:30 on February 10, 2014, milched with her bed, while holding the victim out of the clothes of the victim, put the victim out of the bed, put the victim into the sound part of the victim's sexual organ into the part of the victim's sexual organ, put the victim's hand knife the victim's knife, bife the victim's hand knife the victim's knife, b, who continued to have sexual intercourse with the victim, and the defendant B, who continued to wait under the part of the bed, had sexual intercourse with the defendant A by changing the knife and the victim who was under the suppression of the resistance.
Accordingly, the Defendants jointly raped the victim.
Summary of Evidence
1. Legal statement of witness G;
1. The prosecutor's statement concerning G;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the punishment for such crimes;
1. Mitigation of juvenile offenses under Articles 2 and 60 (2) of the Juvenile Act, and Article 55 (1) 3 of the Criminal Act;
1. Articles 2 and 60 (1) of the Juvenile Act, each of the illegal types of juvenile acts;
1. Determination of the Defendants and their defense counsel’s assertion under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. The summary of the assertion is that the Defendants were sexually related to the victim, but it does not go against the victim’s will.
2. The following circumstances are acknowledged based on the evidence duly adopted and investigated by the court, namely, the victim around February 9, 2014.