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(영문) 수원지방법원 2013.07.25 2013고합238
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant and E, F, G, H, I, etc. (hereinafter referred to as “Defendant, etc.”) are relatives who come to know of having attended a J High School, and among them, the Defendant was the former male-gu of the Victim K (n, L).

Defendant

At around 19:00 on May 15, 2012, when the victim was under the influence of alcohol while drinking alcohol under penal provisions, E and F proposed that “victim be under the influence of alcohol,” and the Defendant, G, H, and I conspired to have sexual intercourse with the victim.

Accordingly, at around 23:00 on the same day, E entered the second side column inside the male toilet in front of the place where he drinks a drunk victim, and after Defendant, F, H, and I are waiting for a male toilet immediately before the male toilet, made a panty panty of the victim, inserting his sexual organ into the victim’s sound book, and then made one time by inserting his sexual organ into the victim’s sexual organ into the same place where he is out of and out of, and by inserting his sexual organ into the victim’s sound book, the F has sexual intercourse with the victim once.

In that sense, while the victim was brying from the male toilet and drinking again while drinking again, the victim under the influence of alcohol was frightened with the female toilet, and the victim was followed by the victim, and the defendant et al. went back to the first toilets of women's toilet. At this time, the defendant et al. went back to the G, and the defendant et al. went back in order, I and H met the victim's chest in order, and later G was called "I and H", and he was waiting immediately before the victim's toilet, G did not go back with the variable, and tried to engage in sexual intercourse with the victim, but did not properly go out for the reason that it was impossible to know.

Accordingly, the defendant et al. is the defectiveness of the victim.

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