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(영문) 부산지방법원 2019.10.25 2019고합379
성폭력범죄의처벌등에관한특례법위반(특수준강간)
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1. Defendant A

(a) The defendant shall be punished by imprisonment for three years;

(b)Provided, That the above punishment shall be imposed for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendants are friendly, and the victim C (the age of 18) is friendly, and the victim C (the age of 18) is known and released from about three months prior to the defendant's holding, and the victim and the defendant B are the first time through the defendant A on July 16, 2019.

At around 01:00 on July 16, 2019, the Defendants were accommodated with the victim and the victim to drink the alcohol after drinking the alcohol at the Busan Jin-gu D, Busan for more drinking, and around 03:30, the Defendants stated that, at around 03:30, the Defendant A, who was laid down on the part of the victim, was accommodated with the victim in the sexual flag of the victim, and inserted the victim’s sexual organ into the victim’s entry.

In addition, Defendant A transferred his position to the victim’s entry, and Defendant B proposed that Defendant B “after and after the victim’s chest” is “afterward,” and Defendant B added her own sexual organ to the victim’s sexual organ, and inserted Defendant B’s own sexual organ into the victim’s entry. In addition, Defendant B proposed that the victim’s chest was “after and after the victim’s chest.”

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Investigation report (to hear statements made by victims C);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a letter of request for appraisal of the degree of blood alcohol content), a statement of request for appraisal, a statement of request for appraisal, and a drilling report- investigative report (Attachment to a corrected electronic statement);

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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