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(영문) 수원지방법원 안양지원 2017.08.11 2017고합71
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendants are mutually-friendly between the two parties, and Defendant A is between the victim E (n, 18 years of age) and the face, and Defendant B is between Defendant B and the victim at the time of the instant case.

On January 29, 2017, the Defendants: (a) around 20:00, the victims of the damage in the king F, while drinking alcohol together with the Defendant’s her natives, the above restaurant operators, and the main employees, etc.; (b) on the recommendation of the above restaurant operators, the victims were in line with the said restaurant operators.

On January 30, 2017, at the main point of "I" located on the first floor of H, 00:30, the Defendants continued to move to another place on the first floor of "I", and continued to drink with the Defendant's friendship, and the victim while drinking together with the victim. On the same day, when the victim cannot resist by drinking around 02:41, the Defendant A was working for the victim, and Defendant B went to the victim until the male toilet located on the seventh floor of the H building in question by pressing the elevator server following this.

The Defendants combined with the Defendant in a male toilet on the seventh floor of H building, and Defendant B reported the network outside the upper side partitions, Defendant A got a victim from the front door and sited above the victim on the front side, and the victim cannot resist under the influence of alcohol, and had sexual intercourse once by inserting off the victim’s panty and panty, and inserting the sex into the part of the victim’s sound.

Then, Defendant A was coming from the use side partitions, and Defendant B attempted to lock the use side partitions and to engage in sexual intercourse with the victim. However, the Defendants attempted to take the form of the victim, upon receiving the request of the principal proprietor of the “I” and to bring about the Defendants and the victims to the above toilets, and attempted to enter the said toilets by many people.

As a result, the Defendants jointly had sexual intercourse with the victim by using the victim's non-competence condition under the influence of alcohol.

Summary of Evidence

1. Defendants’ respective legal statements

1. E.

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