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(영문) 수원지방법원 안산지원 2013.11.08 2013고합278

성폭력범죄의처벌등에관한특례법위반(특수준강간)

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Defendants shall be punished by imprisonment for not less than two years and six months.

However, as to the Defendants for three years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

On September 18, 2013, the Defendants met the victim D (19 years of age, inn) introduced by Defendant B’s branch, and went to the home of the victim while under the influence of alcohol.

At around 03:30 on September 19, 2013, the Defendants, at the victim’s house located E, was drunk from the victim’s clothes on the part of the victim, under the influence of alcohol. Defendant A, upon entering the victim, had sexual intercourse by promptly inserting the victim’s room and inserting the victim’s sexual organ into the victim’s negative part, and Defendant B had sexual intercourse by inserting the victim’s sexual organ into the victim’s negative part.

Accordingly, the Defendants, together, had sexual intercourse with the victim who is unable to resist under the influence of alcohol.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning D;

1. The 112th report, photographs at the scene of the crime, and the application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Defendants who choose a punishment: Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 299 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (hereinafter referred to as the following factors), each of which is favorable for sentencing;

1. Defendants attending lectures: Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendant A

(a) Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

(b) Aggravation of Category II (Special Rape) (Special Rape) (Special Rape) among the range of recommendations based on the sentencing guidelines (determination of types of punishment), general standards, and rape (subject to at least 13 years of age): In the basic area of punishment not to impose a sentence: 5 years to 8 years; imprisonment;

C. The crime of this case by which the Defendant jointly with B, was under the influence of alcohol, and the nature of the crime is very bad in light of the content and method of the crime, etc., and the victim is the crime of this case.