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(영문) 수원지방법원 2013.04.12 2012고합1357
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendants shall be punished by imprisonment for a maximum term of two years and by imprisonment for a short term of one year and six months.

Sexual assault against the Defendants for 120 hours each.

Reasons

Punishment of the crime

around 01:00 on December 15, 2012, the Defendants: (a) around the F University located in Young-gu, Suwon-si, Suwon-si; (b) around the victim G (n, 17 years of age) where Defendant A was aware of in-depth and her friendship with Defendant A, and (c) her friendship were only the victim, the Defendants provided the victim with drinking alcohol in the telecom.

At around 08:00 on the same day, the Defendants drinkd with the victim at 405 IMoel in Suwon-si H in Suwon-si, and conspiredd to rape the victim when the victim was under the influence of alcohol and was unable to resist due to the victim's sleep, and exceeded the victim's clothes. Defendant A inserted his sexual organ into the part of the victim's sound, Defendant B added the victim's sexual organ into the part of the victim's sexual organ, Defendant C added the victim's sexual organ into the part of the victim's sexual organ, Defendant C took the victim's sexual organ with the victim's hand, and Defendant B took the part of the victim's body using a camera attached to the mobile phone.

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s failure to resist, and taken the victim’s body against his/her will that may cause a sense of sexual humiliation by using a camera attached to the cellular phone.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement concerning G;

1. G oral video CDs;

1. Application of Acts and subordinate statutes to correspondences, correspondences (reports on the results of digital evidence analysis);

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Specific Sexual Crimes, Article 30 of the Criminal Act (the point of taking photographs using cameras, etc. and the choice of imprisonment) concerning the punishment, etc. of each sexual crime;

1. Article 2 and Article 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act / [Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the special quasi-rape)]

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