성폭력범죄의처벌등에관한특례법위반(특수준강간)
[Defendant A] The defendant shall be punished by imprisonment for a period of three years and six months.
The defendant shall be a sexual assault treatment program for 80 hours.
Punishment of the crime
[2018Gohap85] The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants").
(A), B)
1. Defendant A and B prosecuted Defendant B’s violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) with the effect that “the Defendant B had sexual intercourse once with the victim’s sexual organ inserted in the victim’s sound book.” On March 14, 2019, Defendant B applied for the amendment of a bill of amendment to the indictment with the content that “the Defendant inserted the victim’s own fingers into the victim’s sound book” added it to the facts charged on March 14, 2019. On the same day, this court permitted the amendment of the indictment on the fifth day of the instant case. As long as the Defendant was found guilty of the added facts charged, the previous facts charged are not judged separately.
Defendant
A and B, around 02:00 on September 11, 2018, around 02:0, in the dwelling area of Won-si G, Hho, Defendant B, while drinking together with the victim I (the victim I, 15 years old) and the branch, and when the victim was unable to fully hold the body by drinking, the victim was able to rape the victim in the order of Defendant A and Defendant B.
Accordingly, Defendant B left the victim other than the victim's body in the above residence, and Defendant A exceeded the clothes of the victim who was under the influence of alcohol and was unable to properly hold his body, put his sexual organ into the victim's mouth, put his sexual organ into the victim's sexual organ in one time by inserting his sexual organ into the victim's drinking room, Defendant B returned to the above residence, and added his sexual organ to the victim's drinking toilet, and Defendant B returned to the above residence, and added his finger to the victim's drinking room.
As a result, Defendant A and B jointly had sexual intercourse with the victim by taking advantage of the state of impossibility to resist.
2. Defendant B’s residence on the date and time set forth in paragraph (1) and paragraph (1) of this Article, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.).