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(영문) 대구지방법원 포항지원 2015.04.20 2015고합6 (1)
성폭력범죄의처벌등에관한특례법위반(특수준강간)
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[Defendant A] The defendant A shall be punished by imprisonment for three years.

However, the above sentence shall be executed for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인들은 2015. 1. 2. 23:00경 포항시 북구 F에 있는 “G” 호프집에서 스마트폰 어플리케이션 ‘즐톡’을 통해 알게 된 H 및 그녀의 친구인 피해자 I(여, 26세)과 술을 마시던 중 H이 먼저 집으로 돌아가고 피해자만 남게 되자 피해자가 만취하면 피해자를 모텔로 데려가 간음하기로 마음먹었다.

On January 3, 2015, at around 01:20, the Defendants laid off the victim from Kmomoto 515 rooms located in theJ of North-gu, North-gu, North-si, and set the order of Defendant A to have sexual intercourse with the victim and to have sexual intercourse with the victim.

Accordingly, Defendant A, while under the influence of alcohol, exceeded the lower part of the victim who was unable to resist due to being able to resist, laid down the upper part above, bread the victim’s chest by hand, bread the victim’s breast, and her fingerd with the victim’s body, and continued to have sexual intercourse once with the victim’s body.

Defendant

B, while Defendant A had sexual intercourse with the victim as above, Defendant A puts his order of sexual intercourse with the victim, but the victim did not have sexual intercourse with the wind.

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendant A’s statement and partial statement of Defendant B in the first trial record;

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Defendants’ Selection of Punishment: Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 299 of the Criminal Act

1. Defendant A who voluntarily surrenders himself: Articles 52 (1) and 55 (1) 3 of the Criminal Act;

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants ordered to attend lectures: each of them.

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