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(영문) 부산지방법원 2012.11.23 2012고합910
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendant

A Imprisonment with prison labor for a maximum of three years and six months for a short term of two years and one year and six months for a maximum of two years and one year and six months for each of the defendants B, C, and D.

Reasons

Punishment of the crime

Defendants, I, J, and Victim K (W, 18 years old) are both the relationship between Dong-dong and Dong-dong.

On June 24, 2012, at around 09:00, the Defendants were able to drink the victim, I, J, and W with the Plaintiff, and her body was unable to take the body by drinking the victim under the influence of alcohol, and the Defendants were able to take care of the victim in the heading room of the Busan Murmo-gu Murmo-gu, and her body was laid off at a bed, so Defendant D, E, together with I, and J, were able to take care of the friendship-gu, which sees a technician examination.

1. On June 24, 2012, Defendant A, B, and C’s joint criminal conduct, around 09:00, with the intent to rape the victim by returning to the above in the above insane room, and Defendant A, C, with the view to the network, and Defendant B, with the view to punishing the victim’s bridge in a state of being unable to resist due to being drunk by drinking, and inserting the victim’s sexual organ on the body of the victim. Defendant B, and C continued to have sexual intercourse with the victim in the above manner, and Defendant A, with the view to having reported the network, had sexual intercourse once with the victim in a state of being unable to resist as above, and Defendant C, with the view to reporting the network, and Defendant A and B had sexual intercourse once with the victim in a state of being unable to resist as above.

As a result, Defendant A, B, and C jointly had sexual intercourse with the victim by taking advantage of the victim’s state of impossibility to resist.

2. Defendant D, E’s joint criminal conduct: (a) around 10:00 on June 24, 2012, Defendant D, and E were aware that the victim had been raped by the above A, B, and C, and (b) the victim had the mind that the victim had been raped by the above A, B, and C, and (c) Defendant D had the desire to rape the victim; (d) Defendant D, with the view to having the network reported, and Defendant D, with the view to having the victim’s legs, who was in the state of her body of the victim’s inability to resist due to being drunk by drinking, and with the sexual organ inserted into the victim’s body, once the victim was sexual intercourse; and (e) Defendant D continued to have the net, and Defendant E had the victim who was unable to resist as above, once in the said manner.

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