beta
(영문) 수원지방법원 2020.07.23 2019고합626

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

Defendants shall be punished by imprisonment for three years.

However, from the date of the final judgment of this case, each of the above four years against the Defendants.

Reasons

Punishment of the crime

At around 06:00 on February 7, 2019, the Defendants discovered that, while drinking alcohol with the victim at the home of Defendant A, who was under the jurisdiction of the victim C (the victim, the 19-year old age), Dong Dong Dong Dong-dong, and around 06:0 on February 7, 2019, the victim had been drunk, and Defendant A said at the bar that, “I shall have sexual intercourse with the victim. I shall have sexual intercourse with the victim. I shall do so. I shall have to do so. I shall have to do so. I shall have to do so. I shall have to do so. I shall have to do so. I have to me first, after discovering the victim’s eye and panty, I have come off from the victim’s room, and I have sexual intercourse with the victim and continued to have sexual intercourse with the victim after leaving the victim’s panty and panty, I have to put the victim’s me into the part of the victim and put the victim’s me into the part of the victim.

Accordingly, the Defendants, together, had sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Application of each of the written statements by the Defendants to each prosecutor's protocol of interrogation of each prosecutor's suspect C to each of the Defendants' written statements

1. Article 4 (3) and (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 299 of the Criminal Act

1. Mitigation [Discretionary Mitigation of Defendants] Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1,

1. Suspension of execution (the defendants) 1. Article 62(1) of the Criminal Act (the following consideration is made for the reasons for sentencing).