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(영문) 서울북부지방법원 2016.06.10 2016고합175
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

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

However, each of the above punishments for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 1, 2016, the Defendants became aware of the victim G (the age of 18) through Defendant C’s pro-friendly job offering F, who was attending the same university, and around March 1, 2016.

From March 1, 2016 to around 18:00 on March 1, 2016, the Defendants and the victims performed alcoholic beverages together at the I point in Seoul Special Metropolitan City, Nowon-gu H, while drinking alcoholic beverages, etc., and the victims were drinking more than 3 to 4 of the width coal week and 1 to 200.

1. Defendant A’s quasi-rape decided to have the victim under the influence of alcohol with a dives DNA room near the said I and sexual intercourse. On March 1, 2016, Defendant A, together with around 20:00, left the victim who was unable to walk properly, was placed in the K DB protection room in Seoul Special Metropolitan City, Nowon-gu, and was placed in the part of the victim who was unable to resist his sexual organ against the alcohol of his sexual organ, and was placed in the part of the victim who was placed in the dives room in the above room form.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

2. Defendant A, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Quasi-rape) by the Defendants, had sexual intercourse with Defendant B and Defendant C under the influence of alcohol at the following places after committing the crime as set forth in the above paragraph (1).

Defendant B and Defendant C expressed to the effect that “I would like to have sexual intercourse with the victim because I would like to know the location of DNA,” and that Defendant B and C would have sexual intercourse with the victim’s DNA.

Therefore, Defendant B and Defendant C, who, alone, was deprived of the victim who was unable to walk properly, did so by leaving the victim, and Defendant C, around 20:40 on March 1, 2016, placed the victim on a small wave of the above K DB basin, and did not resist the victim’s sexual flag under the influence of alcohol.

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