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(영문) 수원지방법원 안양지원 2020.01.10 2019고합139
성폭력범죄의처벌등에관한특례법위반(특수준강간)
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Defendants shall be punished by imprisonment for three years.

However, from the date of the final judgment of this case, each of the above four years against the Defendants.

Reasons

Punishment of the crime

On May 25, 2019, the Defendants: (a) met met with C; (b) performed a game by drinking alcohol together with the victim G (the victim’s name, the 19-year age), H, and I, and (c) performed a game by drinking alcohol together with the victim’s G, H, and I, and (d) when the victim was boomed, the victim was laid on the part of the small room.

At around 03:00 on May 26, 2019, the Defendants: (a) Ha, I, and D, who were drinking alcohol at the same time, were frightened to have sexual intercourse between the Defendants and the victims; (b) Defendant B, as her hand, had the victim’s clothes, sent the victim’s chest to the victim; (c) the victim’s chest was immediately her chest, her finger, and her finger was sent to the victim’s sexual organ; (d) the Defendant A, who was reporting on this matter in Defendant B’s inner organ, was off the victim’s her inner organ and panty; and (e) was sexual intercourse once by inserting the victim’s sexual organ into the part of the victim’s sexual organ; and (e) Defendant B, who was reporting on this matter, had sexual intercourse with the victim’s sexual organ inserted into the victim’s sexual organ into the victim’s sexual organ; and (e) was sexual intercourse with the victim’s sexual organ once by inserting it on the part of the victim.

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s state of impossibility to resist.

Summary of Evidence

1. Defendants’ legal statement

1. Each police officer's statement to G and J;

1. Records of seizure and the list of seizure;

1. Each gene appraisal report;

1. Investigation report (Analysis of the blood of a victim and the body of dactivists);

1. Application of the Acts and subordinate statutes governing the interior structure and drawings of the area in which the victim was prepared, and photographs of the part part of the victim's arms;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Defendants’ selection of punishment: Articles 4(3) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 299

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

1. Defendants of a suspended sentence: As to Defendant B of Article 62(1) of the Criminal Act.

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