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Reasons
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(영문) 수원지방법원 2014.02.14 2013고합691
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
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Defendants shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On October 06, 2013, Defendant A’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) committed by Defendant A around 07:00, the Defendant 303 (hereinafter “instant studio”) of the E building, a residence of the Defendant, left the house to purchase alcohol together with F, and left the victim G (V, 14 years of age) to purchase alcohol, Defendant A’s body strongly divided the victim’s body into his/her hands and forced his/her resistance, and put his/her finger into the victim’s sexual organ.

Accordingly, the defendant committed violence or intimidation to put the defendant's fingers in the sexual organ of the victim who is a child or juvenile.

2. Joint-rape by the Defendants (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes);

A. On October 106, 2013, the Defendants, at around 0:00 on October 106, 2013, had sexual intercourse once with the victim under the influence of alcohol by reporting the victim F (the age of 15) who was under the influence of alcohol in the studio of the instant case, and Defendant A had the victim’s bridge, and Defendant B had the victim who was under the influence of alcohol and was unable to resist with drinking.

B. At around October 106, 2013, the Defendants: (a) around October 10, 2013, Defendant B entered the toilet and damaged the jobs; and (b) Defendant A had sexual intercourse once with the victim who was under the influence of alcohol and was unable to resist.

C. At around 11:15 on October 2013, 2013, the Defendants: (a) had sexual intercourse once with Defendant A, who entered the toilet at this time; and (b) Defendant B, who was under the influence of alcohol and was unable to resist.

As a result, the Defendants, together, had sexual intercourse with victim F in a state of impossibility to resist under the influence of alcohol.

Summary of Evidence

[Fact 1]

1. Legal statement of witness G;

1. Second examination protocol of suspect suspect regarding B (the fact of No. 2 at the time of display) by the prosecution;

1. Defendants’ respective legal statements

1. Each legal statement of witness G and F;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police suspect interrogation protocol against the Defendants.

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