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(영문) 서울서부지방법원 2018.08.30 2018고합6
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for four years.

The defendants completed the sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The Defendants came to know through a mobile phone display case around wintering in 2016.

On April 9, 2017, at around 05:50, the Defendants discovered the victim F (e.g., 21 years of age, and French nationality) who was drunk in front of the said store and was under the influence of alcohol in front of the said store, and caused the victim to be able to do so. On the other hand, Defendant A returned home to her own residence of Eunpyeong-gu Seoul Metropolitan Gtel H head, Defendant B was unable to seek a sexual intercourse by leaving the victim to the her wife, and Defendant B was unable to seek a sexual intercourse with Defendant A’s residence around 06:40 on the same day.

At around 07:00 on the same day, the Defendants had sexual intercourse once by putting the victim's head and inserting the victim's sexual organ into the victim's sexual organ, and continuously had sexual intercourse by inserting the victim's sexual organ into the victim's sexual organ and inserting the victim's sexual organ into the victim's sexual organ, taking advantage of the victim's resistance impossibility condition. Defendant A exempted the victim's clothes and taken off the victim's chest with her hand. Defendant B had sexual intercourse with the victim's sexual organ by inserting the victim's sexual organ into the victim's sexual organ into the victim's sexual organ.

As a result, the Defendants, together, had sexual intercourse with the victim in a state of imprisonability by drinking.

Summary of Evidence

1. The defendants' respective legal statements (the defendant A is on the second trial date)

1. Statement made by the prosecution against the F;

1. Statement made to I by the police;

1. Investigation reports (hereinafter referred to as the "J") and investigation reports;

1. Each response to a request for appraisal;

1. Application of the Acts and subordinate statutes governing Messenic photographs and CCTV video CDs;

1. Article 4(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 299 of the Criminal Act ( punished by imprisonment with prison labor for a period of time);

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