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(영문) 의정부지방법원 2018.04.26 2017고합166
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

Defendant

A Imprisonment with prison labor for five years and for eight years, respectively.

Between five years and five years, information about the Defendants.

Reasons

Criminal facts

On November 2, 2017, the Seoul High Court sentenced two years and six months of imprisonment and fine of one million won on December 28, 2017, on the grounds that the defendant and the respondent for an attachment order (hereinafter referred to as "defendant A") were the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Defendant

On February 8, 2017, Defendant B (hereinafter “Defendant B”) was sentenced to a suspended sentence of one year and four months for special larceny, etc. at the District Court of Jung-gu District on February 8, 2017, and the said judgment became final and conclusive on February 16, 2017. On May 25, 2017, the same court was sentenced to three months of imprisonment for special larceny and became final and conclusive on June 8, 2017.

[Criminal facts] 2017 Gohap 166 ( Defendants)

1. The Defendant: (a) was on the two-story floor of the dutel structure of the dutel structure of the Defendant’s residence in the dutel Ftel at Gui-si on May 2016, 2016; and (b) was aware of it.

B, G, H, I, and I's friendship victim J (n, 15 years of age) and the next day until 01:00 of the new wall, they met alcohol and locked together at the same time.

Defendant 1: (a) while enjoying on the trokece that was above the above dulle, was drunkly drunk by the injured party in the locking place by the Defendant; (b) was set off, under the influence of alcohol, the victim’s school uniforms, flads, and clothes without normal consciousness due to sleep; (c) was inserted into the Defendant’s sexual organ at the victim’s sexual organ; and (d) continued to have sexual intercourse with the Defendant A; and (c) was able to observe the Defendant A’s criminal act immediately next to the Defendant.

B had sexual intercourse once with the victim by inserting his or her sexual organ listed above the victim's sexual organ with no ordinary consciousness as being drunk.

Accordingly, the defendant, in collaboration with B, has sexual intercourse with the victim by taking advantage of mental and physical loss, or impossibility of resistance.

2. Defendant B had the same damage as that of the above A and Defendant at the same time and place as the above paragraph 1.

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