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(영문) 수원지방법원 2017.08.11 2017고합267
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendant

A Imprisonment with prison labor for a maximum of five years, for a short of four years, for defendant B, for five years, for a maximum of four years and for a short of four years.

Reasons

Punishment of the crime

1. The Defendants conspired to commit joint crimes (a special quasi-rape, and a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Children and Juveniles from Sexual Abuse (quasi-rape)) by the Defendants, in the residence of the Defendant 2 in Ansan-si, the same high-school-friendly victim L (n, 17 years old, and Gain) who drinking alcohol together with the same high-school-friendly victim L (n, 17 years old, and Gain) around December 1, 2015.

Defendant

B, at the above date, at a place, knee, knee and panty of the victim, knee and knee are inserted into the sound book of the victim, followed by Defendant C entering the victim’s knee and panty, putting the finger into the sound book, inserting the sexual flag into the sound book, inserting the sexual flag into the sound book by Defendant A, and inserting the finger into the sound book. Finally, Defendant D and putting the finger into the sound book.

Defendant B continued to enter the room and inserting the sexual flag into the sound book, and followedly, Defendant C, Defendant A, and Defendant D entered the room alternately and inserted each of the sexual instruments into the sound book in the aforesaid manner.

As a result, the Defendants jointly committed sexual intercourse with the victim who is a juvenile by using the victim's mental or physical loss or non-recoverable condition.

2. Defendants A, B, and C jointly committed a crime (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) and the Act on the Protection of Children’s Juveniles from Sexual Abuse (Rape)) were committed by the victim on Jan. 2, 2016 to Feb. 2, 2016, the victim was unable to memory the facts of rape as described in the said paragraph (1), and the victim was able to have the victim take a part in drinking games for drinking alcohol and had the victim take a part in drinking alcohol, and she was conspired to rape again.

Defendants are intentionally engaged in drinking games in the N middle School E located in Ansan-si, Ma-gu from January 2, 2016 to April 2, 2016, together with victims.

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