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(영문) 부산지방법원 동부지원 2017.08.08 2017고합76
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for three years.

However, from the date this judgment became final and conclusive, the defendants are every 4 years.

Reasons

Punishment of the crime

Defendants are university students, G as soldiers, and university motive.

On November 20, 2016, at around 01:00, the Defendants introduced the Victim K (F, 20 years of age) through Defendant B’s middle school dong-J, the middle school of Defendant B, and continued to play the job while drinking.

Accordingly, at around 04:50 on November 20, 2016, the Defendants: (a) around 04:50 on the part of G and Busan Shipping Daegu L, and (b) around 08:10 on the same day, the victims and the above J and the alcohol are drinking in the house of the victim, and (c) around 30 minutes of the above G are fright, and (d) by using the cresh, the Defendant was fright to fright up the victim’s hand, and only fright to fright the fright and fright to walk in the fright of the victim, and (c) the Defendant had sexual intercourse with the victim by inserting the fright to fright and fright in the fright of the victim’s sexual part, and (d) the Defendant B had sexual intercourse by inserting the fright to fright the sexual part of the victim’s sexual part.

As a result, the Defendants, together, had sexual intercourse with the victim by taking advantage of the victim's non-refluent state of resistance.

Summary of Evidence

1. Each legal statement by the Defendants (as at the second public trial date);

1. Copy of the protocol concerning interrogation of the police officer in G;

1. Statement made to the public prosecutor in relation to K and J;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Punishment, etc. of Specific Crimes, and Article 299 of the Criminal Act ( comprehensively referred to as imprisonment with prison labor) concerning the crime;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) for mitigation of a small amount of punishment.

3. Article 62 (1) of the Criminal Act for the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against each order to attend education;

5. Determination on the Defendants who are registered with personal information under Article 62-2 of the Criminal Act, Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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