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(영문) 수원지방법원 안양지원 2013.11.01 2013고합150
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

Defendant

A Imprisonment for three years, each of the defendants B, C, and D shall be punished by imprisonment for two years.

except that from the date of this judgment.

Reasons

Punishment of the crime

On June 201, the Defendants: (a) had sexual intercourse with the victim I (the 15 years of age) and the victim’s friendship J, K, and the Defendant’s friendship games; and (b) had the victim, who had drinking alcohol, with the Defendant’s body under the influence of alcohol, in the order of sexual intercourse.

Defendant

A, at around 02:00 the following day, in a room where the victim was in common, exceeded the victim's panty and panty, and inserted his sexual organ into the part of the victim's sound, thereby having sexual intercourse once with the victim who is in a state of failing to resist under the influence of alcohol, and subsequent, Defendant B entered the room and panty of the victim, and had sexual intercourse once with the victim who is in a state of failing to resist under the influence of alcohol by inserting his sexual organ into the part of the sound of the victim who is in a state of failing to resisting.

Defendant C continued to have sexual intercourse with a victim who had the victim's room to resist under the influence of alcohol in the above manner, and Defendant C also entered the victim's room to have the victim, and had sexual intercourse once with the victim who has the victim's ability to resist under the same method.

In addition, when Defendant B, C, and D have sexual intercourse with each other, the remaining Defendants, who did not have direct sexual intercourse, considered the network while entering the school living room in which the victim was placed, and Defendant A was unable to enter the J to confirm the status of the victim.

As a result, the Defendants, together, had sexual intercourse with the victim who is unable to resist under the influence of alcohol.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness I and each legal statement of the J;

1. Partial statement of the witness A;

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. Application of Acts and subordinate statutes to the police statement concerning L;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. shall be applicable to the crime.

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