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(영문) 서울서부지방법원 2013.07.16 2013고합70
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

Defendant

A Imprisonment with prison labor for three years, and for two years and six months, respectively.

The defendants are every 80 hours.

Reasons

Punishment of the crime

Defendant

A, as a former stable player in early 2012, under the introduction of victims D(24 years of age) to bring about a sexual relationship, A requested the victim to use a life expectancy with two males and one females having a sexual relationship, but the victim has refused it.

Defendant

A tried to introduce a male by telephone to the victim while carrying the defendant B, who is a person under the influence of this service relationship, and even though the victim refused to find it, I suggested to the defendant B that he could have a sexual relationship with the victim because he could have a sexually opened by the victim.

The facts charged of this case indicate that Defendant A proposed to rape the victim to Defendant B and that Defendant B consented to the crime. However, there is no evidence to prove that Defendants conspired to rape from the beginning. Thus, the facts charged are modified ex officio.

On January 4, 2013, at around 02:40 on January 4, 2013, the Defendants acted as if the victims were found in the victim’s house located in Seodaemun-gu Seoul Building E, Seodaemun-gu, Seoul, 608, and entered the victim’s house and had the victim open a door.

Accordingly, if the victim resists the defendants and goes out of the stairs, the defendant A demanded the similarity of the victim to the victim at a large panty spanty only, and the victim again entered the house to return to the defendant A.

However, the Defendants stated that the victim “mar dial-a-ben” and the Defendant A did not resist the victim’s body by turning the victim into a duna, going on the duna floor, and then did not resist the victim’s body by hand, and sexual intercourse once with the victim, and Defendant B requested the victim to help “A’s speech.”

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