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(영문) 광주지방법원 2012.12.27 2012고합1015
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
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A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Punishment of the crime

1. On February 21, 2012, the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter “Defendant”) conspiredd to rape the victim when the victim drinks while drinking alcohol at the Defendant’s home located in the Suwon-si F in the Suwon-si Area between C, D, and E, and around 03:0-06:00 on February 21, 2012.

The Defendant, while drinking alcohol together with C, D, E, and the victim, was lying on the floor under the influence of alcohol, was lying on the body of the victim, and D, when the victim resisted against the victim, prevented the victim from getting off his arms and legs by selling. The Defendant was off his arms and panty of the victim, and D got off his arms and panty of the victim in compliance with the foregoing, and led the victim to suppress the victim’s resistance by complying with the foregoing, and C was in sexual intercourse once with C and the Defendant was in sexual intercourse with C.

D continues to have sexual intercourse with the victim once, and E became the chest of the victim while D has sexual intercourse with the victim.

Accordingly, the defendant raped the victim jointly with C, D, and E.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. against the disabled), conspired to rape after having a female breath under the influence of alcohol with H.

At around 01:00 to 05:00 on February 24, 2012, the Defendant, at the above Defendant’s house, had sexual intercourse with the victim I (the victim I (the 17-year old) and the victim I (the 17-year old), who were under drinking alcohol and was on drinking alcohol, retired from the lower part of the victim lying on the floor, who was lying on the floor under the influence of alcohol, and continued to have sexual intercourse with H, who was at the same time under the influence of the victim when the victim resisted against the alcohol, led the victim to the suppression of the victim’s selling.

Accordingly, the defendant is a disabled person under the influence of alcohol in collusion with H.

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