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(영문) 춘천지방법원 원주지원 2020.06.11 2020고합3
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

Defendant

A Imprisonment of three years, Defendant B's imprisonment of two years and six months, Defendant C's imprisonment of a maximum term of two years and a short term of one year and six months.

Reasons

Punishment of the crime

Defendants are ex post facto distribution, and Defendant A and B are between the victim D (n, 16 years of age) and ASEAN.

Defendant

A around 03:00 on August 10, 2019, the victim called the victim to return his sloter he had been in custody by chance, and met the victim. On August 10, 2019, A had the victim drinked with C and B, which was known to the usual level, with the victim, and later the Defendant A went the victim under the influence of alcohol to his house in Gangwon-si E Apartment F.

1. Defendant A’s sole criminal conduct, around 07:00 on August 10, 2019, was under the influence of alcohol and exceeded the victim’s panty and panty in a manner of her residence, and had sexual intercourse with the victim by inserting the Defendant’s fright and panty into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder of the victim who is a child or juvenile.

2. Defendants’ co-principal conduct

A. The Defendants in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) around 08:00 on August 10, 2019, in a way of the above residence, Defendant A still inserted one’s own finger by hand the sound of the victim who was locked into the sound of the victim. Defendant C also inserted the victim’s finger by inserting one’s hand into the sound part of the victim’s own cell phone, taken the victim’s photograph and screen image with his cell phone, and Defendant B taken the victim’s sound voice along with such Defendant A and C’s appearance, and thereafter Defendant A inserted his sexual organ into the sound part of the victim.

Accordingly, the Defendants jointly committed sexual intercourse with the victim by using the state of mental disorder of the victim.

B. The Defendants violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras)

2.A at the same time, at the same place as the paragraph 2.

The sound and appearance of the victim in the same manner as in paragraph (1) shall be photographed and video against the victim's will.

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