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(영문) 부산지방법원 동부지원 2017.08.29 2017고합110
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
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

1. Around 20:00 on January 14, 2017, Defendant A’s sole criminal defendant drinked “G” located near Busan Suwon-gu F, with the victim H (n, 24 years of age) and B. Around 21:30 on the same day, Defendant A transferred the victim to another one, and Defendant C her only her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

At around 23:00 on the same day, the Defendant, who was drunkd by the victim at the above 601 heading room, exceeded the clothes of the victim by taking advantage of the victim’s resistance impossibility condition, and sexual intercourse by inserting the victim’s chest into the victim’s sexual organ during the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

2. On January 14, 2017, Defendant A’s joint crime committed by the Defendants contact Defendant B with the Defendant at the Moel to J around 23:20 on January 14, 2017, and the said victim is under the influence of alcohol.

At present, sexual intercourses can be conducted.

D. In order to engage in a sex relationship, it will be rad. in the face of the incident.

Defendant B accepted the above proposal to the effect that the Defendants were to have sexual intercourse with the victim by taking advantage of the victim’s non-subsible state of resistance.

Defendant

B For the same year

1. Around 15. 00:30, Defendant A arrived at the above telecom 601, and entered the agenda through a door opened by Defendant A, and Defendant A did not intend to commit an attempted act, even if the victim attempted to engage in sexual intercourse, by taking advantage of the victim’s resistance impossibility condition, under the influence of alcohol, by taking advantage of the victim’s side, under the influence of alcohol, and by taking advantage of the victim’s resistance.

As a result, the Defendants jointly tried to have sexual intercourse with the victim by using the victim's non-refluence condition, but attempted to do so.

Summary of Evidence

1. The defendant A's partial statement 1.

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