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(영문) 인천지방법원 2017.07.21 2017고합254
준강간
Text

Defendant

A Imprisonment with prison labor for two years and for three years, respectively.

Sexual assault for 40 hours against the Defendants.

Reasons

Punishment of the crime

Defendants and victims D (n, 18 years old) are high school establishments.

1. On May 2, 2017, Defendant A, at the main point of “E” located in Ansan-si, Ansan-si on May 2, 2017, the Defendant met the Victim A, who was drunk and F and G, who was a senior high school.

In that place, the defendant was asked by F and G to leave the victim and get the victim to the house, and the victim was forced to leave the main points and the file was flicked.

During that month, the Defendant knew that the injured person was under the influence of alcohol so that he could confuse the shot into transportation cards, and had the injured person use such state to have sexual intercourse with the injured person, and had the same month.

3. At around 00:20, at around 00, the victim had sexual intercourse with the victim by inserting the victim’s clothes from around 209 at around 00, the victim’s clothes, inserting the sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of an impossible state of resistance.

2. Defendant B

A. Defendant A, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape) was drunk to engage in sexual intercourse with the victim, who is in a personnel in a state of influence under paragraph (1), and became aware of such fact by telephone and Mesenger, around 01:06 on the same day.

At this time, Defendant B, who was in the vicinity of K in Gangseo-gu Seoul Metropolitan City, had a mind that the Defendant would have sexual intercourse with the victim, had a cab aboard and moving the si, and infringed with the above el209 on the same day, where the gate was not unlocked, and had sexual intercourse once by inserting the sexual organ into the part of the victim who was under the influence of alcohol.

Accordingly, the defendant infringed on the room possessed by the injured person, and has sexual intercourse with the injured person by taking advantage of the impossible condition of resistance.

B. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing such as camera, etc.) shall have sexual intercourse with the victim under subparagraph 209 of the same day on the same day.

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