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(영문) 광주지방법원 2018.12.21 2018고합349
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendants shall be punished by imprisonment for four years.

The defendants completed the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. On April 7, 2017, the Defendants of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) went to the Dong-gu E-gu, Gwangju by suggesting D to go off the victim’s body while drinking together with C (the name, 20 years of age), and D (the name of the victim) who first met at a club at around 03:40 on April 7, 2017.

At around 04:10 on the same day, the Defendants were willing to engage in alcohol with D from the above telecom F, and Defendant B had sexual intercourse with D, and Defendant A had the intent to engage in sexual intercourse with the victim regardless of whether he had sexual intercourse with D.

Defendant

A, while Defendant B exceeded the clothes of the victim, and put a sexual flag up on the part of the victim's body into the victim's entrance during his sexual intercourse with Defendant D at the right beneath the victim's right bed, A had the victim bed up with a string of the victim's shoulderer, knicker, knicker, knicker, and knicker, and knick the victim's chest into the part of the victim's sexual organ, and had sexual intercourse with the victim by inserting the victim's chest into the part of the victim.

On the other hand, the Defendants changed the other party to the crime of sexual intercourse with Defendant A and the Defendant B conspired with the other party to have sexual intercourse with the victim, and Defendant B had sexual intercourse with the victim by deceiving the victim’s chest by hand during the sexual intercourse with Defendant D, and inserting the victim’s finger by inserting the finger into the part of the victim’s sexual organ into the part of the victim’s sexual organ.

As a result, the Defendants jointly had sexual intercourses with the victim in a state of non-competence.

B. The Defendants, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), are willing to photograph the images of the Defendant A and the victim D (the name, the age of 21) after having sexual intercourse with the Defendant B at the same time and at the place specified in the foregoing paragraph (a). Defendant B used his cell phone camera function.

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