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(영문) 대전지방법원 2018.02.08 2017고합360
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
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Defendants shall be punished by imprisonment for not less than two years and six months.

A sexual assault treatment program for 40 hours for each of the Defendants.

Reasons

Punishment of the crime

The Defendants became aware of the victim D (the age of 22) through South Korea, i.e., the inter-gu relationship.

1. From around 00:00 to around 05:00 on October 9, 2017, the Defendants: (a) provided the F main points in Seo-gu, Daejeon; (b) while drinking alcohol with the victim while drinking alcohol, the victim’s body was drunk and the victim was unable to get off; (c) had sexual intercourse with the victim, leading the victim to the victim; (d) Defendant A worked in the victim, etc.; and (e) went through the “H telecom” located in Seo-gu, Daejeon, Daejeon.

On October 9, 2017, the Defendants, from around 05:00 to around 06:45, and from around 06:5, Defendant B, under the influence of alcohol, had sexual intercourse by inserting the sexual organ into the part of the victim’s sexual organ in a state of resistance impossibility, and Defendant B, who completed sexual intercourse, continued to have sexual intercourse by inserting the sexual organ into the part of the victim’s sexual organ.

As a result, the Defendants, together, had sexual intercourse with the victim in a state of resistance impossible.

2. From October 9, 2017 to around 05:45, the Defendants, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.), taken video images to have sexual intercourse with the victim under the influence of alcohol by using Defendant A’s mobile phone camera, and having sexual intercourse with the victim under the influence of alcohol, as described in paragraph (1) above.

As a result, the Defendants conspired to take the body of another person, which may cause sexual humiliation or shame, against their will.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to victims D;

1. Photographss of the victim, photographs of the defendants entering the victim's territory with his/her mother, photographs of the victim's body, and on-site photographs;

1. On the face of a crime, video CD;

1. An investigation report (a report on the verification of these images), an investigation report (a report on the identification of a suspect A’s sexually inserted video images);

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