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(영문) 인천지방법원 2015.03.11 2015고합60
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

Defendant

A Imprisonment with prison labor for three years, and for two years and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

On January 24, 2015, the Defendants were in company with the victim E (V, 23 years of age) who had been in company with the Defendants in the new wall in Gangnam-gu Seoul, Gangnam-gu, Seoul, and were in company with the Defendants, and were in company with the Defendant until the morning on the same day, and the Defendants were in company with F with the victim and moved to a car driven by F.

Defendant

A While moving, the victim was under the influence of alcohol at the back seat of the vehicle and the victim was going to go to the Nam-gu Incheon Metropolitan City G apartment complex in his/her residence, and the Defendants am to the above apartment as 2818 of the above apartment complex by working or neglecting the victim who was under the influence of alcohol.

On January 24, 2015, the Defendants: (a) placed the victim on the above apartment 2818 room; (b) placed the victim on the part of the victim; (c) placed the victim under the influence of alcohol; (d) placed the victim on the part of the victim; and (c) put the victim into the part of the victim, who was under the influence of alcohol; (d) placed the victim’s chest on the part of the victim; and (e) inserted the victim’s panty into the part of the victim; (e) Defendant B her chestd the victim’s chest by drinking the victim’s chest; and (e) took the victim’s her fluence.

As a result, the Defendants, together, have sexual intercourse with the victim who is in a state of impossibility to resist in alcohol.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning E and F;

1. Application of each investigation report (in the current state of exit and CCTV verification) Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act for a suspended sentence (the following consideration shall be made again for the reason for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for exemption from disclosure orders and notification orders, Article 49(1) proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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