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(영문) 인천지방법원 2013.09.05 2013고합387
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
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Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, each of the above punishments against Defendant A and B.

Reasons

Punishment of the crime

1. On June 6, 2013, at around 04:17, Defendant A and B entered into the Gelbian in Seo-gu Incheon, Seo-gu, Incheon, with the victim H (n, 18 years of age) under the influence of alcohol. Defendant A and the victim who embeded the victim to Defendant B, with the victim’s bank b, carried the victim’s bank b, and the victim’s bank b, carried out money from the victim’s wall b, and Defendant B took one flat right inside the victim’s wall.

Accordingly, the Defendants jointly stolen 50,000 won in cash owned by the victim.

2. Defendant B

A. The Defendant stolen the victim’s cash 30,000 won in cash in the victim’s possession by taking out three copies of daily 10,000 won within the victim H’s wall wall in the same manner and at the same time and place as that of paragraph

B. On June 6, 2013, Defendant B, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Ameras, etc.”) exceeded the clothes of the victim H, who was under influence of alcohol at the 206 Gel, and inserted the sexual organ into the victim’s sexual intercourse with the victim, taken the image of the sexual intercourse with the victim using the Defendant’s smartphone camera device.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. Each police statement of H;

1. Application of Acts and subordinate statutes to investigative reports and photographs attached thereto;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A’s joint larceny: Article 331(2) and (1) of the Criminal Act

(b) The point of larceny by Defendant B: Article 331(2) and Article 331(1) of the Criminal Act: The point of taking pictures using a camera, etc. under Article 329 of the Criminal Act: Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012);

1. The defendants under Article 60(2) of the Juvenile Act and Article 55(1)3 of the Criminal Act, who are legally mitigated (defendant A).

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