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(영문) 서울남부지방법원 2019.09.20 2018고합640
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around April 2017, the Defendant conspiredd with the Victim B (Inn, 13 years of age, 13 years of age, and 1). C was a fluorous with the victim from March 2017 to March 2017, and D was a fluor of the above C.

Around 03:00 on April 21, 2017, the Defendant proposed to rape the victim who was divingd on the floor of the breath under the influence of alcohol while drinking together with the victim, D, and C at the small room of the building E, F, and F, the residence of the Defendant, while drinking together with the victim, D, and C, and C conspired to rape the victim for ten minutes in order of D, Defendant, and C.

The defendant and C left D and the victim in the room, waiting to go out of the house, and between them, the defendant and C retired from office, and tried to put the victim's sexual organ into the house. However, even though the male-friendly G of the victim in the marine has retired from office, the victim's male-friendly G of the victim in the apartment, such as G, that the victim would become inside the house, has returned to the house with G.

In the latter, the Defendant, at the small room of the above D’s residence, exceeded the victim’s panty and panty, and inserted the sexual organ into the part of the victim’s panty.

Accordingly, the defendant, in collaboration with D and C, raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each legal statement of witness C and D;

1. Some statements made in the suspect examination protocol of the prosecution concerning C and D;

1. Recording records of the prosecutor's video recordings concerning B;

1. Application of each police protocol of statement to B

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order of disclosure and notification;

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