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(영문) 대전지방법원 2016.09.23 2016고합231
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, as to the Defendants for three years from the date of the final conclusion of this judgment, the said judgment is against the Defendants.

Reasons

Punishment of the crime

Defendants are friendly family members, Defendant B is first between the victim F (the victim F, 18 years of age), and Defendant A is the friendly Gu of the victim.

The Defendants, at around 01:00 to 03:00 on June 9, 2016, hereinafter referred to as “I” in Seo-gu Daejeon, Seo-gu, Seo-gu, Seo-gu, would drink with the victim by gathering the alcohol with a chance to do so, and on the same day, 06:00 on the same day, 06:00 on the part of the victim for more drinking.

The Defendants, at the victim’s home located in the Daejeon Sung-guJ, had been drinking in the game where a person with the main responsibility, such as a sking game, K game, etc., together with the victim, drinked the victim to have sexual intercourse with the victim under the influence of alcohol.

Defendant

B around 12:00 on June 9, 2016, around 12:00, under the influence of alcohol at the victim’s own room, the victim was deprived of mind, was exempted from both panty and panty attitude, and the victim’s sexual organ was added to the victim’s sound, and the victim was sexual intercourse once by inserting his sexual organ into the victim’s sound part, and the victim was sexual intercourse in the same manner as the Defendant A, who was in the contact with the victim’s sexual organ, continued to have his sexual organ deducted.

In the end, the Defendants jointly conspired the victim with quasi-rape by taking advantage of the victim's impossibility of resistance.

Summary of Evidence

1. Defendants’ respective legal statements

1. A legal statement of a witness;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made against F, L, or M;

1. Each investigation report (including each accompanying document) (including criminal investigation and on-site inspection of victims and suspects);

1. Application of Acts and subordinate statutes on medical records for victims of sexual assault;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 299 of the Criminal Act concerning the crime;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Code for mitigation of a small amount of punishment (the following consideration among the reasons for sentencing) 1.

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