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(영문) 수원지방법원 안산지원 2015.06.19 2015고합81

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

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1. The defendant A shall be punished by imprisonment for three years and imprisonment for two years and six months, respectively;

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is in close relationship with the victim E (n, 20 years of age). On April 5, 2015, the victim, around the new wall of April 5, 2015, she was under drinking together with the friendly H in the “G” restaurant near the U.S. M. F. A, contact with the Defendant A, and Defendant A, along with his her friendly Defendant B, went through drinking together with the victim and H.

1. The Defendants of joint quasi-rape, as seen above, were under drinking together with the victim and H, and the victim was unable to properly take the body by drinking alcohol. At around April 5, 2015, around 08:30, the Defendants, along with them, placed the victim on the GJ “J” I, and placed the victim on the bed to the bed to the bed to the bed to the bed to the 101 unit. The Defendants separately agreed to be 201 unit and H and locked at the same time.

The Defendants, at the 101 room, knew to have sexual intercourse with the victim who is under the influence of alcohol and is under the influence of the mixed person. At first, Defendant A, who was under the influence of Defendant A’s 101 room, was exempted from the lower part of the victim’s sexual organ and inserted his sexual organ into the victim’s negative organ, and returned to the victim’s room 201. Then, Defendant B exceeded the lower part of the victim’s sexual organ that was under the influence of Defendant B, and added his sexual organ into the victim’s negative organ into the victim’s negative organ.

As a result, the Defendants committed sexual intercourse with each victim who is unable to resist jointly.

2. Defendant A had sexual intercourse with the victim at the above date, time, and at the above location, and took photographs of the victim’s sound, chest, etc. who was divingd with his smartphones on several occasions.

Accordingly, Defendant A taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendants’ respective legal statements

2. Each police statement of E and H;

3.Protocol of seizure (Evidence No. 68 pages).