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Reasons
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(영문) 서울동부지방법원 2016.09.29 2016고합104
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
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Defendant

A Imprisonment with prison labor of two years and four months, and Defendant B shall be punished by imprisonment with prison labor of two years.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. From March 20, 2016, the Defendants’ co-crimes of the Defendants, around 04:40 on March 20, 2016, 200: (a) while drinking alcohol with F, G, and the victim H (the 15 years of age, the 15 years of age, and the 15 years of age) located in Seongdong-gu Seoul Metropolitan Government, and carried out games, the Defendants were moved to F and G around 06:0 on the same day to 205 of the said women, and only the victims were 206.

From around 06:00 to 08:00 on the same day, the Defendants were willing to have sexual intercourse with the victim by reporting the body of the victim under the influence of alcohol in the guest room No. 206, and by pointing out the shape of the victim being locked in the bed in the bed.

Defendant

A has sexual intercourse with another victim listed on the body of the victim who is in the sexual intercourse, and Defendant B has sexual intercourse with another victim listed on the body of the victim once.

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.

2. The Defendant, at the time and place described in the preceding paragraph, engaged in one sexual intercourse with the victim H (the 15 years of age, 15), and distributed the victim’s body parts, which may cause sexual humiliation or sexual humiliation against the victim’s will, on March 21, 2016, take the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son’

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness H and F;

1. Prosecutorial video CDs recorded in the prosecution against H (the identity of the victim);

1. Police video recording CDs against H (the name of the victim);

1. Statement made by the prosecution against the F;

1.F and G.

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