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(영문) 서울동부지방법원 2017.10.27 2017고합225
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

A shall be punished by imprisonment with prison labor for four years, by imprisonment for a maximum of three years and six months, and by imprisonment for a short of three years.

Each of the defendants is divided against the defendants.

Reasons

Punishment of the crime

On June 25, 2017, the Defendants: (a) were between high school and livestock shed; (b) on the “H club” located in Gangnam-gu Seoul Metropolitan Government around the new wall, the Defendants met the victim I (n, 21 years old); (c) the victim J (n, n, 20 years old) at the “H club”; (d) around 05:50 on the same day; and (c) between Defendant I and Defendant B, who took a taxi in Seongdong-gu Seoul Metropolitan Government, was able to drink with the victim J; and (c) Defendant B drank the alcohol.

1. Quasi-rape;

A. On June 25, 2017, around 08:42, the Defendant: (a) took the victim into the victim’s room located in Seongdong-gu Seoul, Seongdong-gu, Seoul, by drinking alcohol; (b) exceeded the victim’s clothes under the influence of alcohol on the part of the victim; and (c) inserted the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

B. Around 08:52 on June 25, 2017, the Defendant: (a) took the victim I from alcohol alcohol; (b) took the Pelto 306 heading room located in Seongdong-gu Seoul Metropolitan GovernmentO; (c) took the victim’s clothes under the influence of alcohol at the bending room; and (d) inserted the victim’s breath’s son and the Defendant’s sexual flag into the drinking part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

2. On June 25, 2017, Defendants of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) have sexual intercourse with the victims as stated in paragraph 1, and Defendant B proposed that Defendant B should have sexual intercourse with a partner by changing the partnership with a mobile phone Qing message, and Defendant A consented thereto.

From around 10:35 on the same day, the Defendants divided conversations between the above I and the victim J at the Nel Underground Parking Lots No. 1-A, and then, around 10:39 on the same day, Defendant B entered Pel 306 heading rooms and informed Defendant A of the situation of mobile phone Q message, and Defendant A inserted the Defendant’s sexual organ into the victim’s sound part.

Accordingly, the defendants are combined.

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