Text
Defendant
A 4 years of imprisonment, Defendant B 3 years of imprisonment, Defendant C 3 years of imprisonment and Defendant D 2 years of imprisonment.
Reasons
Punishment of the crime
1. The Defendants, together with the following, engaged in sexual intercourse once each time with the victim by taking advantage of the victim H’s mental condition of mental disorder.
Defendant
A, B, C은 2012. 4. 6. 03:00경 부산 부산진구 I 건물 8층 ‘J’ 클럽(이하 ‘이 사건 클럽’이라고 한다) 내실에서, 피해자와 합석하여 함께 술을 마시던 중 전작(前酌)이 있는 피해자가 보드카 3잔가량에 만취하여 정신을 잃자, 피고인 A은 피해자를 모텔로 데리고 가 간음하기로 마음먹고 일행인 피고인 B, C을 이 사건 클럽에 남겨두고 피해자를 양손으로 안아 피고인 A 소유의 K 포르테쿱 승용차에 태운 다음 이 사건 클럽에서 약 1km 거리에 있는 같은 동에 있는 ‘L모텔’(이하 ‘이 사건 모텔’이라고 한다) 307호실로 데리고 갔다.
B. At around 05:00 on April 6, 2012, Defendant A: (a) placed the victim who has lost mind in the instant 307 room on his hand; (b) placed the victim in a brupted room; and (c) opened several visits so that Defendant B and C could easily enter the room, with a view to having the victim engage in sexual intercourse, by putting the victim off both her beam and clothes, and having sexual intercourse on the part of the victim’s ship; (b) made one sexual intercourse by taking advantage of the defective condition of the victim who has lost mind by taking advantage of the victim’s mental condition; and (c) opened a phone call to the Defendant C with the victim, who was in the state of invasion, by informing the victim that the victim was in the state of mental disorder; and (d) opened the said 307 room visit; and (d) opened several visits so that Defendant B and C could easily enter the room.
C. Defendant B and C, around 06:00 on April 6, 2012, in order to determine the order of priority to engage in sexual intercourse with the victim by arrival at the instant conference. Defendant B, first, entered the room through the door opened by the above 307 room, and entered the room in a state of full-time, followed by having a chest and fluence on the part of the victim.