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(영문) 수원지방법원 여주지원 2014.07.17 2013고합76

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

Defendant

A Imprisonment with prison labor for five years and for three years and six months, respectively.

The defendants are 120 hours each time.

Reasons

Punishment of the crime

[criminal record] On February 7, 2013, Defendant A and the requester for attachment order (hereinafter “Defendant A”) were sentenced to a suspended sentence of three years for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) at the Suwon District Court’s branch on February 7, 2013, and the judgment was finalized on May 10, 2013.

【Criminal Facts】

Defendant

A and E are delivery employees from “G” located in the F in Echeon-si, and Defendant B is between Defendant A and middle school Dongs.

1. On March 2013, Defendant A violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.) of the Defendant Company A, the Defendant and E, who had been aware of in-house H, were in a night room, to have the said I and the Victim J (L, 17 years old) enter the said room, on the ground that the Defendant and E, who had been in a night house, were in a night room, were in a night room and in a house.

Since then, the Defendant and E expressed alcohol to the victim while playing a 's snick case' game that must comply with any one of the acts of drinking alcohol or physical contact, such as I, the victim, and the victim.

Since then, the Defendant exceeded the victim's pantyty, who was deprived of the victim's mind, and had sexual intercourse by inserting his sexual organ into the victim's negative part once.

Accordingly, the defendant had sexual intercourse with a juvenile who is in a state of impossibility to resist under the influence of alcohol.

2. Defendant A’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) sent phone to I around 00:00 on April 2013, 201, and let I and the victim enter the above accommodation, and drinking alcohol like friendly B, Defendant A told the victim of the defect that the victim would want to drink with I and the above accommodation, and went out of the accommodation.

Since then, the Defendant left the convenience store near the above accommodation in lieu of the fruit, and then called the victim's stop, but the victim rejected it.