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(영문) 대구지방법원 경주지원 2016.12.16 2016고합64
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

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

. Defendants:

Reasons

Punishment of the crime

The Defendants, at around 02:00 on June 20, 2016, performed alcohol at G main points located in F of the Republic of Korea on the same company fee, proposed that they drink as the victim H (the name, the age of 18), and victim I (the age of 18), and moved to “J main points” in the neighborhood.

1. At around 03:00 on June 20, 2016, Defendant A, along with Company B, performed alcoholic beverages with H and victim I, at the J-ju shop located in K, on June 20, 2016, Defendant A, who was in his/her own possession, only 2-3 times the victim’s left side, which he/she was seated with the Defendant, and continued to have his/her left hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendants, at around 03:30 on June 20, 2016, were willing to engage in sexual intercourse with the victim as the victim was under the influence of alcohol and was under drinking together with I and the victim H at the J-ju point located in K on the following occasions: (a) around 03:30 on June 20, 201, when the Defendants were under the influence of alcohol.

The Defendants went to the said small-scale room, and went to the Mael in the city L on the same day at around 04:04 on the same day, and went to the Mael in both sides on the body and bridge of the victim, and went to the said 301 on both sides.

The Defendants, in 301, Defendant B, who first entered a toilet, had the mind of Defendant B lost in the state of drinking and panty, went off from the victim’s will and panty, and had sexual intercourse by inserting his sexual organ into the victim’s negative part, and Defendant B, following the Defendant A’s entry into a toilet, had sexual intercourse by inserting his sexual organ into the victim’s negative part between Defendant A and shower.

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecutor of the prosecution concerning the victim H;

1. Each police statement made to I and N;

1. The report of internal investigation and the report of invalids; and

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