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(영문) 수원지방법원 2014.10.13 2014고합457
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendants shall be punished by imprisonment for a maximum term of three years and a short term of two years.

Sexual assault for 40 hours against the Defendants.

Reasons

Punishment of the crime

On February 2, 2014, at around 05:00, the Defendants drink the alcohol with the victim F (n, 13 years of age) in the studio where E is residing in Suwon-gu D Building No. 101, and Defendant A, who was under the influence of alcohol, she was under the influence of the victim, she: (a) put the finger into the victim’s panty; (b) put the part into the victim’s panty; and (c) put the part of the victim’s panty; (d) put Defendant B into the part of the victim’s panty; and (e) put the victim into the part of the victim’s chest and the sound part of the victim’s panty; and (e) put the victim into the part of the panty; and (e) Defendant B conspired the victim to have sexual intercourse with the victim under the influence of alcohol by stating “the victim’s panty as drinking”.

Defendant

B retired from the victim's panty and panty, and inserted the sexual organ into the part of the victim's sound. Defendant A tried to have sexual intercourse with the victim by continuously enjoying the victim's sexual organ after the victim's sexual organ, but did not reach sexual intercourse with the victim. Defendant B inserted the sexual organ into the victim's face, Defendant B inserted the victim's sexual organ into the victim's face, and Defendant A inserted the victim's sexual organ into the victim's face in order to conduct discussion.

As a result, the Defendants raped the victim who was in a state of her ability to resist with conspiracy.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Each written request for appraisal;

1. A criminal investigation report (f of the victim's studio structure, which is the place for committing the crime), preparation of recording records, and the application of Acts and subordinate statutes of a recording record;

1. Article 4(3) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the pertinent provision on criminal facts, and Article 299 of the Criminal Act are joint quasi-rapes, and Defendant A’s attempted sexual intercourse can be deemed as a single continuous act due to Defendant B’s sexual intercourse, and thus, the simple crime is established.

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