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(영문) 의정부지방법원 2013.06.14 2013고합150
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for three years.

However, each of the above four years from the date the judgment became final and conclusive is against the Defendants.

Reasons

Criminal facts

On April 13, 2013, at the same time on April 13, 2013, the Defendants re-bread the victim H (the age of 19) under the influence of alcohol (the age of 506 and 606) by lending 506 and 606 of the “G” Mademn f, which is located in the Mademn Government-si on April 13, 2013, and 606, together with two victims-friendly women (I and J).

I and J conspiredd that a person to be sexual intercourse with a victim from No. 506, and entered as a measure of No. 07:42 on April 13, 2013, around No. 07:42 on April 13, 2013, she first tried to have a sexual intercourse with a victim with A, B, and C, which was followed by the following: (a) who first came to be sexual intercourse with the victim; and (b) who came to be sexual intercourse with the victim from A, B, and C.

Defendant B and C put the victim on a bed on the bed, and 506, and Defendant A, first of all, had the victim’s clothes under the influence of alcohol, and had sexual intercourse by inserting his sexual organ into the part of the victim’s drinking, inserting it into the part of the victim’s drinking, and secondly, Defendant B waiting in the front corridor No. 506, followed A’s back to 506, followed the victim’s sexual organ into the part of the victim’s drinking, and sexual intercourse by inserting the victim’s sexual organ into the part of the victim’s drinking, and secondly, Defendant C, waiting in the toilet No. 506, was sexual intercourse by inserting his sexual organ into the part of the victim’s drinking part.

Accordingly, the defendants, together, have sexual intercourse with the victim by using the victim's condition of non-satisfe or non-satch.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, I, and J;

1. Investigation report (investigation into the counter party of the GMoel business);

1. Application of the Acts and subordinate statutes on telecom photographic data;

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Defendants’ Selection of Punishment: 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

1. Defendants A and C mitigated juvenile offenses: Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Defendants who aggravated concurrent crimes: the former part of Articles 37 and 38(1) of the Criminal Act.

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