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(영문) 인천지방법원 2014.01.09 2013고합774
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for three years.

However, each of the above five years from the date this judgment became final and conclusive is against the Defendants.

Reasons

Punishment of the crime

Defendants and F are inter-speed.

At around 23:00 on April 23, 2013, Defendants and F, along with G and H, attempted to drink the victim J (n, 15 years of age) and the victim's friendship K (n, 16 years of age) that F was aware of in the restaurant near the Nam-gu Incheon International Apartment, Nam-gu, Incheon, and attempted to drink at the victim's friendship (n, 16 years of age). However, as they did not sell alcohol to minors at the restaurant, the Defendants and F, while drinking alcohol at the restaurant, she was treated to drink on April 24, 2013 in the Southern-gu Incheon Metropolitan City 202 room of "Mel" in the Nam-gu, Incheon.

F) At around 04:00 on the same day, K was under the influence of alcohol, while G and H returned to the house, and the victim J was also under the influence of alcohol, and the Defendants and the victims were released from the 202 room to commit a sexual intercourse with K, and the Defendants were able to bring the victims to the victim and “one year from the 202 room,” and “a year from the her sentence,” and the Defendant gave 30,000 won to Defendant A to have sexual intercourse with the victim.

Accordingly, Defendant A was replaced by the above 307 Maurel room, and then came to the 202 room again, Defendant C was working for the victim in a state of loss of mind, and Defendant A and Defendant B moved to 307 room by putting the victim to the 307 room so as not to fall.

The Defendants continued to enter the 307 room, set the victim on the bed, set up the floor, set up the top, top, and show, and conspired with the victim to have sexual intercourse with the victim in the order of Defendant A, Defendant B, and Defendant C, and Defendant C enter the toilet of 307 room, and Defendant A exceeded the clothes of the victim, and had sexual intercourse once with the victim.

Defendant

B After having sexual intercourse with Defendant A, Defendant A came to engage in sexual intercourse, and the victim was sexual intercourse with Defendant A at one time, and Defendant C completed sexual intercourse with Defendant B, and the victim was sexual intercourse with Defendant C at the toilet and the victim was sexual intercourse once.

As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim's state of non-performance of consciousness under the influence of alcohol.

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