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(영문) 서울북부지방법원 2015.02.06 2014고합307
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of two years and six months.

The defendant shall be a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Around 00:00 on June 5, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-rape, etc.) when the victim frights to drink and drink in D restaurants, including the victim E (n, 16 years of age, 16 years of age) and drinking in Gangnam-gu Seoul Metropolitan Government, and when the victim frights in excess of his/her drinking capacity, on the same day 02:0 on the same day, the said victim fright to 507 girel located in the same GuF, was placed on the part of the victim, and was placed on the part of the victim, and she was raped once by inserting the clothes of the other victim on the part of the victim regardless of the victim's refusal.

Accordingly, the Defendant raped the victim, who was a child or juvenile in a state of difficulty in drinking.

2. According to each evidence duly adopted and investigated by this court under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape), although the public offering process of the defendant, K, and L differs from the facts charged in indictment and its circumstances, it is reasonable to deem that the defendant's assertion does not interfere with the defendant's exercise of right to defense by sufficiently examining the defendant's argument. Thus, the public offering process shall be partially

After the above rape of the victim, the Defendant talked with K, L, and M, or committed the above crimes in the J restaurant near the I Station located in Gangnam-gu Seoul Metropolitan Government, and at that place, the Defendant told K, L, and M to the effect that “A person wishing to have sexual intercourse with the victim because he has been sexual intercourse with the victim.”

The Defendant, K, L, and M moved to the above telecom, and the Defendant and K want to rape the victim on the job, and the Defendant and K, L, and M enter the above telecom around 03:35 on June 5, 2014, and replaced the above telecom 603, and the Defendant opened the door 507 of the above telecom with the consent of the above telecommen.

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