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(영문) 서울중앙지방법원 2015.01.09 2014고합1197
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

1. Defendant A

(a) The punishment of the defendant shall be five years;

(b) one (No. 2) with seized opphones 5.

Reasons

Punishment of the crime

1. Around 08:00 on September 10, 2014, the Defendants, while drinking alcohol together with the victim G (n, 20 years of age) at the “F cafeteria” restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, conspired the victim to have sexual intercourse with the victim by taking advantage of the state under which the victim is under the influence of alcohol.

On September 10, 2014, at around 09:00, the Defendants took the victim to “I”, who is a mother in Gangnam-gu Seoul Metropolitan Government H, and had the victim sexual intercourse once with the victim in a situation where the awareness of drinking is unknown on the ground that the Defendant A (hereinafter “A”) first takes the victim to the above her her her her her her her her her her 207 room.

Accordingly, the Defendants conspired to commit sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendants violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) committed the following acts according to the conspiracy as stipulated in paragraph (1).

Defendant

B around 09:10 on September 10, 2014, at around 09:10, the Defendant was contacted with the Defendant and entered the heading room specified in paragraph 1, and was in sexual intercourse once with the victim who is in an influence with the consciousness of the influence, and Defendant A had sexual intercourse with the victim at the above heading room around 09:23 on the same day.

Since then, at around 10:00 on the same day, Defendant B entered the above heading room after receiving contact from Defendant A, Defendant A collected fingers from the victim’s sound book, and Defendant B had sexual intercourse with the victim once.

As a result, the Defendants, together, have sexual intercourse with the victim by taking advantage of the victim’s mental or physical state of difficulty.

3. The Defendants conspired to take photographs of the victim’s face to have sexual intercourse, and the victim’s negative body and body, by taking advantage of the fact that the victim was in an unidentified state as seen above, under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

Defendant

A on September 10, 2014, "I" around 09:10.

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