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(영문) 의정부지방법원 2017.07.20 2016고합325
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, from the date of the conclusion of the judgment, the defendants are above four years for each of the four years.

Reasons

Punishment of the crime

On August 8, 2015, the Defendants conspired with the victim F (the victim F) to sexual intercourse in sequence with the victim under the influence of alcohol in the order of the victim, Defendant B retired from the victim’s panty and had sexual intercourse once with the victim, and Defendant A had sexual intercourse with the victim once a year after having been off the victim’s panty, and Defendant A had sexual intercourse with the victim once.

As a result, the Defendants, together, had sexual intercourse with the victim by taking advantage of the state of resistance impossibility for the victim.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Application of the F to the Acts and subordinate statutes in the prosecutor's statement protocol;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may be adopted in relation to the crime, and Article 299 of the Criminal Act (which shall be construed as imprisonment with prison labor for a period of time, inclusive);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Suspension of execution;

A. Defendant A: Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (the following consideration shall be made for the reasons for sentencing)

B. Defendant B: Article 62(1) of the Criminal Act (The following consideration has been made for the reasons for sentencing)

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against and undermining the protection and attending lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for Exemption from Disclosure Orders and Notice Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse ( Defendant A is a child and is a juvenile, and thus, is not subject to an order to disclose or notify the registered information.

Defendant

B is a person of 19 years of age who has been punished for a sexual crime except for the crime in this case, and there is no other record of punishment for a sexual crime, and thus, there is a risk of recidivism or recidivism of a sexual crime.

It is difficult to conclude the registration of personal information and sexual violence treatment programs.

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