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(영문) 대구지방법원 2015.11.06 2015고합80

성폭력범죄의처벌등에관한특례법위반(특수강간)

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Defendants shall be punished by imprisonment for four years.

The defendants completed the sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. On May 23, 2014, the Defendants’ joint criminal conduct (2015Gohaphap80), around 00:10 on May 23, 2014, with E, F, and the victim G (the 17-year old age), f, together with the two main points in the Daegu Northern-gu Incheon Northern District. The Defendants were willing to have sexual intercourse with the victim who is in the state of her ability to resist due to alcohol, with the e, F, and the victim (the 17-year age old).

Defendant

A, between 03:00 on the same day and 05:00 on the same day, after drinking alcohol, the victim was in the state of mental or physical disability or impossibility to resist, and had sexual intercourse with the victim at one time on the part of the guest room.

B. Defendant A waiting in a room while having sexual intercourse with the victim in a toilet as above. Defendant B entered the toilet outside the toilet where the victim lost his mind after the victim was saluted, and used to have sexual intercourse with the victim once by taking advantage of the victim’s mental disorder or resisting condition of the victim.

As a result, the Defendants, together, have sexual intercourse with the victim by taking advantage of the victim's condition of mental or physical disability or impossibility.

2. Defendant B’s crime (2015 Gohap389) committed on May 4, 2015, on the ground that the victim L(23 years old), etc. (23 years old), who was nearby the dispute over Defendant’s daily activity in the direction of Kju located in the Jung-gu DaeguJ, Daegu, around 03:40 on May 4, 2015, the Defendant was able to see the victim’s face and part of the victim’s face by drinking and drinking together with M who continued to combine it.

As a result, the defendant jointly with M and caused the victim to suffer approximately two weeks of treatment, such as the left side of the side and the heat in the mouth.

Summary of Evidence

[2015Gohap80: Defendants]

1. Defendants’ partial statement

1. Each legal statement of witness B, E, M, F, and N;

1. G statement recorded in the video recordings;

1. The prosecutor's statement concerning G;

1. E, M,.