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(영문) 서울서부지방법원 2014.02.07 2013고합238
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

Defendant

A Imprisonment with prison labor for a maximum of three years, for a short of two years and six months, for a maximum of three years and six months, and for a short of three years, respectively.

Reasons

Punishment of the crime

1. Examining the Defendants’ violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) and the applicable provisions of the Act on the Punishment, etc. of Sexual Crimes, the prosecutor appears to have instituted a public prosecution by deeming that Defendant A, with respect to the same victim, commits rape and attempted rape, is in the substantive concurrent relationship between the victim and E to commit rape. However, in such a case, only one crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) is established

The Defendants, E, and F sent the I Park, at around 06:00 on June 30, 2013, Defendant A and E play a game with a female shot, and drink a beverage on the ground of penal provisions in this process, and the withdrawal of alcohol was proposed, and Defendant B and F sent it to the victim G (Y, 15 years of age) with the consent of Defendant B to the effect that “I Park Dong-ok’s cell phone phone is stolen, but only a certain number of people adjoining to the shortest,” with the consent of Defendant B and F as the I Park in Eunpyeong-gu Seoul.

Since then, Defendants, E, and F forced the victim to drink with “K” room 10 in Eunpyeong-gu Seoul, Seoul, and forced the victim to drink alcohol under penal provisions, and forced the victim to drink alcohol at the victim at around 10:00 on the same day, Defendant B, E, and F to wait for the order of priority by entering the toilet by the victim under the influence of alcohol at around 10:00 on the same day. Defendant A refused the victim’s body by taking advantage of the victim’s body, the victim’s body was broken out by locking the victim’s lock and refusing the victim’s body, resulting in sexual intercourse once with the victim.

E continued to be off from the balone in the toilet and keep the chest of the victim who is frighten in the bed, and the victim who was frighten in the body of the victim and frightened in the body of the victim, did not do so, and E took a bridge and arms of the victim.

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