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(영문) 인천지방법원 부천지원 2016.07.08 2016고합29

성폭력범죄의처벌등에관한특례법위반(특수준강간)

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Defendant

A Imprisonment with prison labor for three years, for a maximum of four years, for a short of three years, for a short of three years, for defendant D and E, respectively.

Reasons

Criminal facts

The facts leading up to the order of observation and protection / [criminal facts] Defendant B (hereinafter “Defendant B”), Defendant F, and C found female members who will engage in drinking at the “P” drinking house located in the new wall laps on January 4, 2016, Defendant C followed Q, Q and the victim R (the age of 18), who was working in Q and that of the said company, were sitting together with Defendant C.

Defendant

B, F, and C are the two vehicles, and they are the victims who are already under the influence of alcohol and are unable to properly hold their body, and move to the "T main point" located in the Yan-gu, Seocheon-gu, Seocheon-si, and the defendants A, D, and E are forced to drink with their phone and drink with their victims.

Defendant

B, F, A, D, and E around January 4, 2016, around 07:15, 2016, around 07:07:15, the victim proposed that “Tjun” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul and the body of the victim cannot be accumulated, and the Defendant B proposed that “low peter, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor.”

Therefore, Defendant A’s breath of the breathed victim who was drunk, moved to Defendant B’s house, and came to know of a plan between the claimant for the observation order of the breath, which was in Defendant B’s house, with the intent to rape the victim along with them.

On January 4, 2016, the Defendants: (a) at the house of Defendant B, Defendant A, B, D, and E, under the influence of alcohol in a successive manner, have sexual intercourse once with each other; (b) Defendant F, who was waiting at the end of the corridor, entered the above 304 room to engage in sexual intercourse with the victim; (c) the victim was able to engage in sexual intercourse with the other, and (d) the other party was able to engage in sexual intercourse with the other party who was unable to engage in physical and mental loss or resistance by drinking only once, and (e) Defendant F, who was waiting at the end of the corridor, went into the above 304 room to engage in sexual intercourse with the other party; (b) the applicant for the observation order to protect the victim, and (e) H, the applicant for the surveillance order, had sexual intercourse with the other party, who was unable to engage in sexual intercourse with the other party, under the influence of alcohol.

As a result, Defendant A, D, E, and F.