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(영문) 대구지방법원 의성지원 2014.11.18 2014고합14

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

Defendant

A and B shall be punished by imprisonment for three years, by imprisonment for two years and six months, respectively.

However, the defendant A and B.

Reasons

Punishment of the crime

The Defendants are between the post-ship in the Sung-Eup area, and the victims G (n, 17 years old) is the students of the third year, who live in I who are welfare facilities in the Sung-gun in the Gyeong-gun in the Gyeongbuk-gun.

On July 9, 2014, at around 02:00, the Defendants were able to drink and drink the victim and the victim's friendship in the vicinity of the sexual common sports complex located in the Seongbuk-gu Seongbuk-gun, Sungsung-gun. At that time, Defendant C suggested that the drinking game was defective and that the victim and the J game continued in the game was able to do so, and the J was able to do so on the sports ground that occurs on the job in order to escape from alcohol.

1. At around 03:00 on the same day, Defendant A, a quasi-rape of Defendant A, who was fluent and pandeed, went to a confection tower near Yasan by drinking, with the victim "a fluor," and through a fluent internal sports hall near Yasan, with the mind that he would be able to report and rape the victim in a state of her ability to resist by drinking at that place, was placed on the victim's fluor and panty, exceeded the victim's fluor, exceeded the Defendant's fluor and panty, and inserted the Defendant's sexual organ once in the victim's sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's refusal to resist.

2. Defendant B, at around 04:00 on the same day, the same day, along with the victim, stated that Defendant B was “I would like to walk the phone to the victim,” and that Defendant B was “I would like to start the phone.”

A, who has completed the crime described in paragraph (1) after diving, had the words " has been" and the defendant, and the defendant had the intention to have sexual intercourse with the victim who is in a state of failing to resist by drinking.

Accordingly, the defendant is exempted from the defendant's panty and panty, moving the victim into the vicinity of the independent commemorative tower near the sports complex, leaving the victim's panty and panty.