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(영문) 수원지방법원 성남지원 2016.10.13 2016고합48
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

[Defendant A] The defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 17, 2015, Defendant B was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for the crime of forging private documents, etc., and the judgment was finalized on September 25, 2015.

【Criminal Facts】

The Defendants of “2016 Man-Ma48” are persons with a post-age relationship known to the society. At around 05:00 on August 12, 2015, at around 05:00, Defendant A, a juvenile victim J (W, 15 years of age) and K, having performed alcohol together with the Defendant, had the game continue to drink and the victim continue to drink. Defendant C, D, even in comparison with the Defendant C, D, so that the victim was able to drink a part of the toilets, and was used on the toilet floor so that the victim was bread to drink, and again, the victim was able to drink alcohol again, and the victim again lost the mind under the influence of alcohol and used it on the toilet floor.

1. Defendant A’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) committed sexual intercourse with the victim, such as: (a) finding the victim J who lost his mind in a drunken state at the above time and place; and (b) steing the victim’s panty and panty; and (c) excluding the victim’s panty and panty, and inserting the victim’s sexual organ into the victim’s sexual organ by taking advantage of his/her state

2. Defendants B, C, and D, at the same time and time as prescribed in paragraph (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Quasi-rape) by the Defendants, and at the same place, Defendants B, C, and D did not enter the toilets used by the victimJ, and Defendant A was waiting to open a toilet and remain in the room even after Defendant A appeared at the scene of sexual intercourse with the victim, and Defendant A was waiting to complete the act of sexual intercourse with the victim and to leave it out of the toilet until he/she left the toilet.

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