아동ㆍ청소년의성보호에관한법률위반(준강간)
Defendants shall be punished by imprisonment for three years.
However, for the defendant A from the date this judgment became final and conclusive, 4 years.
Punishment of the crime
Defendants are mutually-friendly between themselves.
1. At around 20:00 on the date of November 201, Defendant A, along with six persons, including B, F, G, H, and victim I (V, 17 years of age) in the mutual influence room in Sungnam-si, Sungnam-si, the Defendant: (a) went on the victim under the influence of alcohol in advance; (b) placed the victim under the influence of alcohol on the part of a bed; and (c) placed the victim under the influence of alcohol on the part of a bed; and (d) placed the victim under the influence of alcohol on the part of a bed; and (d) had sexual intercourse once with the victim in a situation where resistance is impossible.
Accordingly, the defendant quasi-rapeed the victim who is a child or juvenile.
2. Defendant B
A. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) committed one-time sexual intercourse with the victim I (the age of 17) who was at the time and place set forth in paragraph (1) at the same time and place as set forth in paragraph (1) and again was imprisoned by the victim I (the age of 17), who was in a state of breacing and making it impossible to resist.
Accordingly, the defendant quasi-rapeed the victim who is a child or juvenile.
B. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Ameras”), took photographs of the Defendant, using the Defendant’s mobile phone at the time and place indicated in paragraph (2), to quasi-rape the victim as described in paragraph (1).
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.
Summary of Evidence
1. Defendant A’s legal statement (as to paragraph (1) on the market), Defendant B’s legal statement (as to paragraph (2) on the market)
1. Application of each police protocol to I and J
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 201; and enforced March 16, 2012); Article 299 of the Criminal Act
B. Defendant B’s former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 2011; and enforced March 16, 2012).