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(영문) 서울남부지방법원 2018.06.01 2018고합90
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendant

A and B imprisonment for a maximum of two years and six months, for a short of one year and six months, for a defendant C, for two years and six months, and for a defendant.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendants' exercise of their right to defense.

Defendant

A and C are between the victim F (n, 17 years of age) and the reputation, and G and the defendant B are between the victim's school-friendly defendant D and the peace.

1. The Defendants of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rapes) (Defendant A, B, and C) showed drinking together with the victim at the studio of the victim in Gangseo-gu Seoul Metropolitan Government H around December 19:00.

During that time, the victim's normal judgment is difficult to determine and to the extent that it is impossible for the victim to resist, Defendant B, who was under the influence of alcohol, placed his hand in the clothes of the victim under the influence of alcohol, and her chest and fry became the chest of the victim.

Since then, the Defendants agreed to have sexual intercourse with the victim in the first, second, and third, Defendant C, by setting the sequence by which the victim was under the influence of alcohol without the spirit of alcohol.

Defendant B and C, upon such public offering, had a studio outside the studio so that Defendant A may have sexual intercourse with the victim under the influence of alcohol, Defendant A had a sexual intercourse once with the victim under the influence of alcohol, and Defendant B had a sexual intercourse with the victim who entered the studio of the studio where Defendant A was on the studio of the studio where Defendant B was off, and Defendant C had a sexual intercourse with the victim under the influence of the studio where Defendant B was off, and Defendant C had a sexual intercourse with the victim once.

As a result, more than two defendants jointly had sexual intercourse with the victim by using the victim's non-recoverable condition.

2. The Defendant is aware of the fact that he/she has sexual intercourse with a victim who is in a state of impossibility of resistance A, B, or C, and three persons, including A, etc., who knowingly deliver the Red Sea Sea of C to A at a nearby convenience store, and the victim is the victim.

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