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(영문) 수원지방법원 안양지원 2018.10.05 2018고합59
성폭력범죄의처벌및피해자보호등에관한법률위반(특수준강간)등
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, from the date of the conclusion of the judgment, the defendants are above four years for each of the four years.

Reasons

Punishment of the crime

피고인들은 2005년 경 ◇◇ 중학교 3 학년에 재학하였던 학생으로 서로 친구 사이이며, 피해자 G( 가명, 여, 15세) 은 2005년 경 ◆◆ 여자 중학교 3 학년에 재학하였던 학생으로 피고인 A과 알고 지내던 사이였다.

around 15:00 on December 25, 2005, the Defendants met the victim’s meeting from Defendant D’s house located in Ansan-si (hereinafter, hereinafter, hereinafter, hereinafter the above-mentioned address omitted) to the Busan High School, and had the victim drinked with “bes 31” game along with the victim.

The Defendants: (a) placed the victim under the influence of alcohol on the part of the Defendant’s room on the part of the Defendant’s room; and (b) conspired to have sexual intercourse with the victim under the influence of alcohol on the part of one person by setting the sequence in the room.

Defendant

D In waiting in the ward, Defendant A, C, and Defendant B, entering the room, and leaving the victim’s chest by hand, leaving the victim’s chest and panty, and committing sexual intercourse by inserting his sexual organ into the part of the victim’s sound.

Defendant

A As Defendant D came out of the room, “Nowhhhhhhhhh.”

“In doing so, she had sexual intercourse by inserting his/her sexual organ into the room and inserting him/her off, and inserting him/her into the negative part of the victim.

Defendant

C The Defendant A had sexual intercourse by inserting his sexual organ from his room to his room, and inserting his sexual organ from his room, and inserting his sexual organ into the sound part of the victim.

Defendant

B, Defendant C attempted to have sexual intercourse with a victim who was out of the room and she was out of the room. However, Defendant C did not have a strong intent.

As a result, the Defendants, together, had sexual intercourse with the victim by using the victim's non-competence condition.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes on police statements made to G;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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