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Reasons
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(영문) 수원지방법원 2016.03.17 2015고합651
성폭력범죄의처벌등에관한특례법위반(특수준강간)
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Defendants shall be punished by imprisonment for not less than two years and six months.

However, each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants moved from a club to a “Fel” in Suwon-si, with the victim D (Woo, 22 years of age) and the victim E at a club, and Defendant B entered the victim D and the victim A, together with the victim E in the victim’s sexual intercourse, and conspired Defendant B to rape by taking advantage of the victim’s condition after having sexual intercourse with the victim.

1. Defendants in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) committed on July 31, 2015, around 08:00, in order to encourage the victim to rape by using the state where the victim locked, such as the preceding paragraph, and Defendant B had Defendant A enter the above hold room. Defendant A, who was exempted from the clothes and carried with the body of the victim, had the body of the victim leeped with the body of the victim, and had the other victim leeped with the body of the victim. However, the Defendants attempted to put his sexual organ into the part of the victim, but did not go against the wind of the victim.

2. Defendant B’s act of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using a camera, etc.) took photographs using Defendant’s cell phones at the above time and place.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Each report on investigation;

1. Kakao Stockholm photographs by capturing the contents of the Kakao Stockholm conversation;

1. Report on the results of digital evidence analysis;

1. Application of the existing laws and regulations in the 6thopon (No. 1);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 15, 4(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act (Optional to imprisonment with labor for a period of time);

B. Defendant B:

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