성폭력범죄의처벌등에관한특례법위반(특수준강간)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant, D, and E are friendships, and the defendant and the victim F (V, 16 years of age) are as between the defendant and the victim.
The Defendant, on June 18, 2017, drinked to the Victim F (F, 16 years of age) around 03:30 on June 18, 2017
On June 18, 2017, at H Park G in Kimpo-si, the victim and the victim met with D and E, and drinked the alcohol with D, and the victim drinkinged with D, and on June 18, 2017, the victim was 303 at the Knpo-siJ in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and the victim was blicked with D with the head of the victim, and the victim was flickd with D with the head of the victim, and the victim was flickd with D with the victim's clothes, and the victim was flickd with D, and flickd with D.
Accordingly, the defendant, in collaboration with D, raped the victim by using the victim's non-competence condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement with respect to F or L;
1. Application of the Acts and subordinate statutes on stenographic records, video recording CDs, investigation reports (Submission of a transcript by a victim), recording records, recording records, and recording records;
1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning criminal facts;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Article 62-2 (1) of the Criminal Act on the community service order;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant recognized all of the crimes of this case and took an attitude to reflect on the fact that the Defendant committed any crime including any sexual crime, and the Defendant made efforts to recover damage to the victim.