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(영문) 광주지방법원 목포지원 2018.11.29 2018고합67

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

Text

Defendant

A Imprisonment with prison labor for a term of three years and six months, defendant B and C shall be punished by imprisonment for a term of three years.

A's mobile phone of the seized defendant A.

Reasons

Punishment of the crime

Defendant

On June 28, 2018, A was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Protection of Children from Sexual Abuse (indecent Acts by force) in the Manpo District Court's branch on the 2018, and the judgment was finalized on July 6, 2018.

Defendants are between E and high school windows.

1. The Defendants’ joint crime (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape)) and E wished to have sexual intercourse with the victim in order that the victim would lose his mind in a riotous and disorderly manner under the influence of alcohol, while drinking together the Defendant C and the Defendant B’s victim H (the victim’s age 16; hereinafter referred to as “victim”) at the G drinking house located in F at Mapo City on June 19, 2015.

Defendant

C at around 23:00 on June 19, 2015, the victim was sexual intercourse once with the victim by putting the victim who lost his awareness in the above apartment living room and was in his/her inside and outside room, putting the victim on the bed, putting the victim out his/her panty, putting him/her off the victim's panty, inserting his/her sexual organ into the part of the victim's sound.

Then, Defendant B entered the inner room, and put the sexual organ into the victim’s entrance, which had lost the awareness as above, and continuously inserted the victim’s sexual organ into the victim’s sexual organ, thereby having sexual intercourse once with the victim.

After that, E has sexual intercourse with the victim by inserting his or her sexual organ into his or her inside room and inserting his or her sexual organ into the part of the victim.

Defendant A continued to have sexual intercourse with the victim by inserting the sexual organ into the part of the victim's sexual organ, which had been known and used as a secret.

As a result, Defendants and E have sexual intercourse with victims in a state of non-competence.

2. Defendant A’s sole criminal act [the act of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.)] is an apartment set forth in paragraph (1) around June 19, 2015.