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(영문) 광주지방법원 목포지원 2016.10.27 2016고합8 (1)
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

E shall be punished by imprisonment with prison labor for three years, and by imprisonment for six months, respectively.

Defendant

E sexual assault for 40 hours.

Reasons

Punishment of the crime

【Criminal Power】 On February 16, 2016, the Defendants were sentenced to imprisonment with prison labor for special larceny, etc. in the Western District Court Branch of the Daegu District Court. Defendant E was finally determined on May 5, 2016, and Defendant B became final and conclusive on April 29, 2016.

【Criminal Facts】

1. Defendant E- - Defendant A and B conspired with “G” located in the former Southern-gunF of the Republic of Korea, and the Defendant, A, and B conspired with the victim I (n, 20 years of age) in the Mapo-si H around 18:00 on September 16, 2015, the victim I (n, b0 years of age) in the Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, to make a sexual intercourse with the victim by accessing the victim

B After departure at the above beauty art room, the victim said that “the cruel defect that gets out of the night,” and the Defendant, A, and B said on the same day at around 20:00, the victim left the above beauty art room and waiting outside the beauty art room for the victim, and drinking alcohol together with the victim.

On September 16, 2015, the Defendant, A, and B violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Indecent Act by Compulsion) were under the influence of alcohol, and around September 23, 2015, around 23:00, the Defendant, A and B were under the influence of alcohol and were under the influence of alcohol, and A used that the victim was unable to resist under the influence of alcohol, thereby making the chest of the victim several times, leading the victim to the entrance of the victim. B was under the influence of hand, and the Defendant was under the influence of the victim, and the victim was under the influence of the victim.

Accordingly, the defendant, A, and B committed an indecent act against the victim by using the victim's state of impossibility to resist under the influence of alcohol.

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