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(영문) 수원지방법원 성남지원 2015.09.10 2014고합297
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

A shall be punished by imprisonment for four years, and imprisonment for three years and six months, respectively.

The defendants are 40 hours each time.

Reasons

Punishment of the crime

This Court revises part of the expression of facts charged on the basis of circumstances found by the evidence duly admitted and investigated.

This is not a substantial disadvantage to the defendants' exercise of their right to defend.

In August 201, the Defendants conspired to engage in sexual intercourse with the victim who was aware of the Defendant A while drinking alcohol at the victim H (the 15 years of age) in the Sungnam-si G around the end of August 201, the Defendants conspired to engage in sexual intercourse with the victim who was drunk.

The Defendants, around August 21, 201, around 21:00, 200, she had sexual intercourse once by inserting the victim’s sexual organ into the victim’s sexual organ and inserting the victim’s sexual organ into the victim’s sexual organ. At around August 21, 201, the Defendants: (a) placed the victim’s lying lying on the bend, she drinks alcohol; (b) placed the victim off the victim’s half-pat, half-bat, and clothes; (c) cut off the victim’s chest; and (d) inserted the victim’s chest into the victim’s sexual organ; and (d) put the victim’s sexual organ into the victim’s sexual organ.

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. Legal statement of the witness H;

1. Partial statement of a witness I;

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. Application of Acts and subordinate statutes on recording;

1. Article 4(3) and (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 201; hereinafter the same shall apply); Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11047, Sept. 15, 201); Articles 299 and 30 of the former Criminal Act (wholly amended by Act No. 11047, Sep. 15, 201);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade shall apply mutatis mutandis.

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