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(영문) 수원지방법원 2013.11.15 2013고합519
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendant

A Imprisonment with prison labor for a maximum term of two years and six months, for a short term of two years, and for defendant B, for a term of two years and six months, respectively.

. Defendants:

Reasons

Punishment of the crime

Defendants, who work together at the “H restaurant” located in Suwon-si G, are victims I (n, 18 years old), who were in the vicinity of the above restaurant and were in the vicinity of the above restaurant after having seed at the distance of 00:00 on July 18, 2013 to the second food service place and went through the second food service place, and provided the victim-friendly J to drink and drink alcohol together with the victim-friendly J, and drink the alcohol in the vicinity of the restaurant.

1. At around 07:00 on July 18, 2013, Defendant A, along with Defendant B, took the victim under the influence of alcohol from “Mel” 210 in Suwon-si L, Suwon-si, and, at the same time, Defendant B went out of the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with the victim,

Accordingly, the Defendant had sexual intercourse with the victim, who is a child or juvenile under the influence of alcohol.

2. Defendant B, after having sexual intercourse with the victim as above, had sexual intercourse with the victim at the toilet of the above 210 room, and had sexual intercourse with the victim who had been under the influence of alcohol by entering the above 210 room, and had sexual intercourse once with the victim who was under the influence of alcohol.

Accordingly, the Defendant had sexual intercourse with the victim, who is a child or juvenile under the influence of alcohol.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of the witness I, N, B, andO;

1. Written Statement;

1. Stenographic records, on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (in relation to evidence collected on the spot), a report on investigation (report on confirmation of a suspect A), a report on investigation (report on telephone conversations with anO of the president of the Melher), and a report on investigation (report on results

1. Relevant Articles of the Act on the Protection of Children and Juveniles against Sexual Abuse and the choice of punishment: Defendants: Articles 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act and the choice of limited imprisonment;

1. Juvenile Crime A: Juvenile Act.

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