성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Defendants shall be punished by imprisonment for three years.
However, with respect to Defendant B, it shall be for 4 years from the date this judgment became final and conclusive.
Punishment of the crime
"2013 Gohap110"
1. The Defendants, on June 28, 2012, discovered the victim G who was drunk in front of the F-ro in Tong-gu, through drinking around 03:30 on June 28, 2012, led the Defendants to have sexual intercourse by taking advantage of the victim’s state of refusal to resist. Defendant B was working for the victim, Defendant A was carrying the victim into the cab, and Defendant A went into the “Iel” at H.
Upon arrival of the above telecom, Defendant A paid accommodation charges for borrowing the above telecom 105 room, and Defendant B was lying the victim from the above 105 room, and the Defendants were able to determine the order of sexual intercourse with the victim.
In the above "Gabama", Defendant A turned out the place outside of the above 105 room so that Defendant A could have sexual intercourse with the victim first, Defendant A had sexual intercourse with the victim once by entering the above 105 room out of the above 105 room.
As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s state of impossibility to resist.
2. Defendant B’s theft, immediately after having sexual intercourse with the victim as set forth in paragraph (1), was stolen by taking one of the 18K posts in an amount of 500,000 won at the market price owned by the victim, which was suffering from the victim’s sexual intercourse.
"2013 Gohap173"
3. Defendant A’s fraud
A. On July 11, 2012, the Defendant related to a mobile phone, at the mobile phone agency of “K” in the JJ of J of J of J of J of J of J of J of J of J, the Defendant made a false statement to the victim L of his father-friendly her father that “I would give up money. I would like to do so. I would like to have the Defendant pay money. The mobile phone need to open a cell phone because it is necessary to leave money.”
However, there was no intention or ability to pay money to the victim.
The defendant deceivings the victim and is under his control.