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(영문) 인천지방법원 부천지원 2015.09.04 2015고합82
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

C A person shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

1. Of the instant case, the Defendant of the instant crime against Defendant C (Article 1 of the facts charged in the instant case of “2015 Highly 82”) committed a crime against Defendant C, and the Defendant, A, and B, who had been aware of from middle school to middle school, conspired to make a victim E (n, 15 years of age) who had been aware of before and after the victim, and F, G, and entertainment sites, and to have the game users drink alcohol in a penal manner, and to have the victim enjoy alcohol.

Defendant, A, and B, from around 02:00 to 06:00 on Sept. 2014, 2014, around the Donsan Donsan 66-27 located in the Donsan-dong, Seocheon-si, Seocheon-si, and around the Donsan 66-27 located in the Donsan-dong, each time in game, had the victim talked with one another, and the defendant refused to do so, and the escape continued to drink with the victim, causing the victim to have the state of drinking, and caused the victim to have sexual intercourse one time in order A and B, respectively.

B. Defendant A, and B, from September 2014 to 06:00, the above A between the lower end of 02:00,000.

As described in paragraph (1), after quasi-rapeing the victim, the victim was lowered down to the rooftop of the H building in Bupyeong-gu, Seocheon-gu, Busan, and the victim had already been able to resist, who was in a state of non-performance of alcohol and to resist, and had sexual intercourse once in order of the defendant and B.

Accordingly, the defendant, in collaboration with A and B, has quasi-rapeed the victim.

Summary of Evidence

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

1. Some statements made by each police suspect examination committee against B, Defendant, A, I, and J;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on recording;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning the punishment for such crimes;

1. From among concurrent crimes, violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to joint quasi-rape on the rooftop of a building with heavier penalty (the punishment stipulated in the special crime).

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