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(영문) 수원지방법원 여주지원 2013.05.16 2013고합14
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of three years, respectively.

The defendants are every 80 hours.

Reasons

Punishment of the crime

On March 5, 2013, the Defendants: (a) decided on March 21, 2013, around D201: (b) around 21:00, the female juvenile under D 201, and (c) decided that the victim, who was aware of the victim’s body and the victim under drinking alcohol, would be raped in order if the victim under the influence of alcohol, and (d) came to the two sides of the victim under the influence of alcohol on March 6, 2013; (b) Defendant B was discharged from the victim’s pantyty; and (c) Defendant A and Defendant B decided on the order of priority to rape the victim in order of the victim; (d) Defendant A met with the victim’s chest, fright, and Defendant A attempted to rape the victim’s body and to engage in sexual intercourse; and (e) Defendant B did not have sexual intercourse with the victim, but did not have sexual intercourse with the victim.

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. Each police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning the punishment for such crimes;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under the main sentence of Article 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for not more than two years and six months to not more than 15 years;

2. Application of the standards for sentencing [Determination of types of punishment] Each sex crime group, rape subject to the age of 13 or more, special rape (special rape) mitigated elements: Each self-denunciation [the scope of determination and recommendation in the recommended sphere] mitigated areas, three years to five years, and six months; and

3. Determination of sentence: The crimes of this case committed by Defendant A, Defendant B, and Defendant B, respectively.

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