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(영문) 서울남부지방법원 2014.07.25 2014고합165
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

Defendants shall be punished by imprisonment for three years.

However, from the date of the final judgment of this case, each of the above four years against the Defendants.

Reasons

Punishment of the crime

Defendants are employees of the Gangnam-gu Seoul Metropolitan Government 'H’ restaurant on the fifth floor of G department stores, and the victim I (n, 17 years old) is a person who is daily part-time in the above restaurant on November 27, 2013.

From November 27, 2013, the Defendants and the victims of J, K, and the victims I, completed their work with the back L, and make the drinking as drinking time, and around November 27, 2013, "NMoel in Gangseo-gu Seoul Metropolitan Government M" 206, "NMoel" 206, "NMoel" 206, a week 8 bottles, beer, beer, and beer two diseases, and play a play as a penalty, while drinking a game.

1. At around 02:00 on November 28, 2013, Defendant A, while drinking alcohol in the drinking-time game as above, Defendant A brought the victim under the influence of alcohol to 205, who was next to the victim under the influence of alcohol, and brought up the keys under the above 205, and the heating should enter into the door room to put up the key to the 205 room, and then cut back with Defendant A’s key to 205 on his own.

The Defendant opened a locked door with the said key and went into the above 205, and laid off his finger from the victim’s inner part under the influence of alcohol on the her part, and laid off his chest, and had sexual intercourse once by inserting his sexual organ into the victim’s sexual organ during the victim’s sexual organ.

As a result, the defendant has sexual intercourse with the victim who is a child or juvenile in a state of impossibility to resist.

2. At around November 28, 2013, Defendant B: (a) had sexual intercourse with the victim, and returned to Korea under B and 206, Defendant B had sexual intercourse with the victim; (b) had the victim as 205, the married victim was the victim’s self-employed; and (c) had sexual intercourse one time by inserting his sexual organ into the victim’s sexual organ under the influence of alcohol, in the form of the victim’s sexual organ under the influence of alcohol.

As a result, the defendant has sexual intercourse with the victim who is a child or juvenile in a state of impossibility to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1.As to I.

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