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(영문) 부산지방법원 2017.05.12 2016고합110
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

"2016 Gohap 110"

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) Defendant and D have become aware of the fact through “E”, which is a smartphone hosting pl, and find a place where only three women, including the Victim F (F) around 04:00 on August 14, 2015 were in place where they drink breath, and around 06:00 on the same day, they drink 503 and 505 on the same day.

The defendant, D, and the victim were drinking while playing a game, and the victim was able to drink, and the victim was sleeped in 505, and the victim was able to sleep at the bed.

Around 09:42 on the same day, the Defendant and D conspired to rape the victim with the knowledge that the victim was drunk and without any mind, and that the victim was unable to resist, and the Defendant exceeded the victim’s breath and the clothes under the breath, inserted the sexual organ into the victim’s breath and the breath, thereby committing rape once by inserting the victim’s sexual organ into the victim.

Accordingly, the defendant, in collaboration with D, has sexual intercourse with the victim, who is in an impossible condition to resist by drinking.

2. Around 11:50 on August 14, 2015, the Defendant: (a) took advantage of the fact that the victim was drunk and her resistanceable at the same place as Paragraph (1) at the same time, and she was raped once by putting off the victim’s breath and lower clothes; and (b) inserting sexual instruments into the victim’s breath and lower clothes.

Accordingly, the defendant had sexual intercourse with the victim, who is in an incompetence of alcohol.

From the early December 2015, the Defendant, “2017 Gohap 38,” came to know of the victim C in the Internet club “I” (the age of 22) and had been contacted through J Messen.

On December 24, 2015, the Defendant, at around 08:30 on December 24, 2015, was able to drink, beer, etc., the Defendant, who was living in K, and was staying in his house, and purchased from the victim who was living in his house. On the same day, around 11:25, the Defendant used the victim’s potential to resist due to being drunk.

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