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(영문) 대구지방법원 2015.10.07 2015고합163
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

A Imprisonment with prison labor for five years, and for six years, for Defendant B.

Sexual assault against the Defendants for 120 hours each.

Reasons

Punishment of the crime

The Defendants, at night on March 13, 2015, were flive from the main point of “G” located in “G” located in Daegu-gu, Daegu-gu, and Defendant A was flive with the victim H (n, 20 years old) who became aware of the birth of flives through flives North Korea and became flive with the victim.

At the time, the alcohol time game was carried out and the victim took a large amount of drinking with penal provisions.

1. On March 14, 2015, the Defendants’ joint criminal conduct arrived at the victim’s house in Daegu-gu, Daegu-gu on March 14, 2015 by burning the victim to the taxi, and after having arrived at the victim’s house in the middle-gu, Daegu-gu, the Defendants failed to properly hold the body and enter the victim’s house, and then the victim was able to commit rape by using the breath of alcohol.

Defendant

B, in the method of collecting the victim's body, the victim exceeded his/her lower part of the victim's body, who is in the state of mental or physical disability or failing to resist, and put his/her finger into the part of the victim's negative part, prompt the victim's body, and sexual intercourse at one time with the victim's body.

At this time, Defendant A made a video photograph with a smartphone in which Defendant B had a face of sexual intercourse with the victim, and Defendant B said that “ice fice fice” is “fice fice fice.”

B. After Defendant B had sexual intercourse with the victim, Defendant A had sexual intercourse under the influence of alcohol, and Defendant A had sexual intercourse with the victim’s body, who was unable to keep the victim’s mind due to sexual intercourse with the above B, once again.

As a result, the Defendants, together, have sexual intercourse with the victim by taking advantage of the victim's condition of mental or physical disability or impossibility.

2. As described in paragraph (1), Defendant B taken the body of the victim who could cause sexual humiliation or sense of shame with the victim’s sexual intercourse function by photographing the victim’s negative parts with a smartphone video function.

3. Defendant A.

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