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(영문) 인천지방법원 2015.06.19 2015고합252
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendant

A Imprisonment with prison labor for a maximum term of three years and two years and six months, and each of three years of imprisonment for defendants B and C.

Defendants.

Reasons

Punishment of the crime

On September 8, 2014, at around 03:00, the Defendants conspired to have sexual intercourse in order with the victim G (n, 15 years of age) who first performed drinking together with the victim G (n, e.g., the 15 years of age) under the influence of alcohol, and then conspired to have sexual intercourse with the victim in order. At the time when Defendant B and C waits outside the entrance of the above 302 entrance, the Defendant exceeded the victim’s will and panty, and put his sexual organ into the victim’s sound, and then, during the time when Defendant C waits outside the entrance of the above 302 entrance, the Defendants exceeded the victim’s will and panty, and inserted the victim’s sexual organ into the part of the victim’s sexual intercourse, and continued to have sexual intercourse with the victim’s sexual organ inserted into the victim’s part of the victim’s sexual intercourse.

As a result, the Defendants, together, have sexual intercourse with the victim by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Defendants’ legal statement

1. Application of each police protocol to G and H

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning the punishment for such crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Unscheduled defendant A: Articles 2 and 60 (1) of the Juvenile Act, Article 4 (2) of the Act on Special Cases concerning the Punishment of Specific violent Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an order to complete a program, the Defendants are subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,

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