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(영문) 수원지방법원 평택지원 2019.05.24 2018고합218

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

Defendant

A Imprisonment for five years, Defendant B and C shall be punished by imprisonment for three years, respectively.

However, the defendant C is subject to objection.

Reasons

Punishment of the crime

Defendants and D are inter-regional line, and victims E (V, E, 13 years old) was known to Defendant A and the peace.

1. On July 15, 2018, Defendant A, Defendant B’s co-offenders, and D, were at the house where Defendant B and C reside in Ansan-si Ftel G around 18:00 to 21:00 on July 15, 2018, in which Defendant B and C were able to drink with the victim, while drinking together with the victim, and were able to rape the victim.

Defendant

A has sexual intercourse with the victim by inserting his or her chest with the victim's her chest, she was off the victim's will and panty, and she tried to put his or her sexual organ into the victim's negative part, but did not have been taken out, and she did not have sexual intercourse by inserting his or her sexual organ into the victim's negative part after she stated "I am I am I am I am I am." At the same time, Defendant A added her sexual organ into the victim's sexual organ into the victim's negative part. At the same time, Defendant A attempted to have sexual intercourse by inserting the victim's physical part of the victim's body after having completed the sexual relationship into the victim's negative part, but did not reach the insertion because it did not have become an origin.

Defendant

Since a reduction is recognized to the extent that does not impede the A’s exercise of his/her right to defense, the above facts of crime are recognized without the prosecutor’s amendment process of indictment.

Then, Defendant B inserted the victim’s sexual organ into the victim’s negative organ, and at the same time, D added his sexual organ into the victim’s sexual organ.

Accordingly, the Defendants raped the victim by using the victim's failure to resist jointly with D.

2. From July 15, 2018 to July 16, 2018, Defendants A, B, and D arrive at the house after the completion of the crime under paragraph (1) at the place described in paragraph (1) from around July 21, 2018 to around 01:00, and Defendant C arrived at the house, and the victim was able to re-Rape with the victim by reporting that the victim was spawd while drinking alcohol together with the victim.

Defendant .