beta
(영문) 대전지방법원 서산지원 2015.10.08 2015고합67

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

Text

Defendant

A and X imprisonment for a maximum of two years and six months, for a short of two years, for defendant Y, for a maximum of six months, and for a short of four months, respectively.

Reasons

Punishment of the crime

1. Defendant A and X’s joint criminal administration around 01:0 on January 20, 2015, around 01:0, Defendant X and Y, and Victim AD (it is recognized that the victim is 16 years of age according to the records of 16 years of age) at the time of the instant crime. The victim’s “18 years of age” as stated in the indictment is obvious that it is 16 years of age,” and the victim’s pro-friendly AE, drinking alcohol together with the victim, Y in the above room under the influence of alcohol. Defendant X and AE were able to rape the victim from the above room; Defendant X and AE were able to capture the victim with the victim’s clothes; Defendant X was exempted from the victim’s chest; Defendant X was able to have sexual intercourse with the victim’s chest; Defendant X was able to have sexual intercourse with the victim; Defendant X was able to have sexual intercourse with the victim’s finger, and Defendant A was able to have sexual intercourse with the victim.

Accordingly, the Defendants raped the victim in a state of impossibility to resist under the influence of alcohol, and conspired to take photographs of the victim's body against his will using a camera in mobile phones.

2. The Defendant found the victim’s sexual intercourse at the date, time, and place specified in Paragraph 1, as stated in Paragraph 1, and found the victim’s sexual intercourse with Paragraph 1, and the Defendant used his cellular phone shooting function and thereby A has sexual intercourse with the victim.