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(영문) 대구지방법원 포항지원 2014.09.15 2014고합64
준강간
Text

Defendant

L. The defendant M shall be punished by a fine of 5,00,000 won, and the defendant A shall be punished by imprisonment for 2 years and 6 months.

Reasons

Punishment of the crime

The Defendants are those who worked as employees of the “R” music club in Q at the port of entry. On November 22, 2013, the Defendants, together with the victim S(s) who worked in the instant music club from the new wall to the Doesco on the Doesco on November 22, 2013, and the victim was able to take the victim into the house of the victim who was in the north-gu T at the port of entry.

1. Defendant A

A. At around 06:00 on November 22, 2013, Defendant A, at the victim’s house, had the victim spawn at the victim’s house, had the victim spawn and spawn at the spawn swn at the victim’s house, had sexual intercourse with the victim’s will and panty, and had sexual intercourse with the victim once.

Accordingly, the defendant A has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

B. The Defendant L, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) had the victim sexual intercourse as above, had the Defendant L and M, who had been at the victim’s home, told the Defendant L and M, who had been at the victim’s house, to have the victim sexual intercourse with the victim, had the Defendant L, who had the intent to cause the victim to have sexual intercourse, but the Defendant M, who asked the victim not to have

Defendant

A said, the second Defendant M, “A shall be stamped if you want to know”, and Defendant M had the Defendant M take a photograph of Defendant L and the victim’s sexual intercourse.

Thus, at around 06:30 on November 22, 2013, Defendant L had Defendant L engage in sexual intercourse once at the victim’s house, and had Defendant M take the place of sexual intercourse with the victim who was out of his house by using a mobile phone device.

As a result, Defendant A aids and abets Defendant L to have sexual intercourse with the victim by taking advantage of the victim’s mental or physical condition of mental or impossible failure to resist, and the victim’s body which may cause Defendant M to cause sexual humiliation or shame.

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