성폭력범죄의처벌등에관한특례법위반(특수준강간)
Defendants shall be punished by imprisonment for not less than two years and six months.
However, from the date of the final judgment of this case, the defendants were every 4 years.
Punishment of the crime
On April 10, 2015, at around 05:00, the Defendants moved from “D” clubs near the Mapo-gu Seoul Hongk University to “F” drinking houses located near the victim E (n, 19 years of age) and his/her daily behaviors, and d'D’ clubs, and d'D' clubs d'F’ games, etc., and d'Wed by divided into liquor.
Since then, at around 06:40 on the same day, the Defendants conspiredd to take a cab in the vicinity of the fixed term of the Hongk University, and move to the house of Defendant A located in Eunpyeong-gu Seoul Metropolitan Government, with the victim sitting in the back seat of the taxi in Eunpyeong-gu, and come back from both sides, put the victim into the front seat of the taxi, talking with the victim by inserting the hand in the clothes of the victim, talking with the chest and the sound, kid with the victim, and talking with the victim “2:1 Bohman.”
At around 07:30 on the same day, Defendant A, at the house of Eunpyeong-gu Seoul and 301, placed the victim who is unable to resist under the influence of alcohol, was placed in a bed, and the Defendant A, she was exempted from the victim’s anchor and panty, she was off from the victim’s body, she was off the victim’s body, and she was her finger off the victim’s body, and her finger was her hand, and the Defendant B tried to have sexual intercourse with the victim by holding off the clothes in front of the victim’s bridge, holding the victim’s hand her hand, but she was dispatched to the police officer during the search of the surrounding area after receiving a 112 report of the taxi article, but she was found out of the police officer during the search of the victim.
As a result, the Defendants did not intend to have sexual intercourse with a victim who has been unable to resist due to alcohol, and did not have intended to do so.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement of H, I, and E;
1. Application of investigation reports (the details of recording a taxi track), gene appraisal records, and Acts and subordinate statutes;
1. Relevant Articles 15 and 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 29 of the Criminal Act shall be sentenced to limited imprisonment;