(영문) 인천지방법원 2018.01.26 2017고합770

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(영문) 인천지방법원 2018.01.26 2017고합770

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

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Defendants shall be punished by imprisonment for three years.

Provided, That with respect to Defendant A, the same shall not apply for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A posted a letter to the effect that Defendant B would attract the victim from committing a common crime [a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Quasi-rapes and Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras et al.)] around October 2017, Defendant A recruited the victim’s sexual intercourse with the wife through “G” using obscene materials obscenity, and Defendant B posted a statement to the effect that he would attract the victim to be able to go off, and thereafter, the Defendants conspired Defendant B to have sexual intercourse with the victim and to take the form thereof.

The Defendants partly revised the facts charged to the extent that they are not disadvantageous to the Defendants’ right of defense.

On November 4, 2017, at around 03:30 on November 4, 2017, the Defendants combined with Defendant A, who was in the atmosphere of the said hotel, was able to cover with the snow of the victim under the influence of alcohol, and entered the said guest room together with Defendant B, who was in the atmosphere of the said hotel, and Defendant B was sexually involved with the victim after drinking the victim’s sexual organ and chest, etc., who was in the atmosphere of the said hotel. Defendant A, who was raped by the victim, took advantage of the image and photographic function of the smartphone, and Defendant A took the victim’s face while committing self-defense, and Defendant B took the image of the victim by using the image and photographic function of the smartphone.

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s mental or physical loss, or the impossibility of resistance, and the Defendants conspired to have taken the victim’s body against their will by using carmeras or other similar devices.

2. Defendant A

A. On November 3, 2017, the Defendant is operating the Defendant in Gangseo-gu Seoul Metropolitan Government K 301 around 15:59.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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