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(영문) 수원지방법원 2013.07.19 2013고합286
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendants shall be punished by imprisonment for a maximum term of two years and by imprisonment for a short term of one year and six months.

Sexual assault for 120 hours against the Defendants.

Reasons

Punishment of the crime

At around 20:00 on April 20, 2013, the Defendants, while drinking alcohol together with the “E” victim F (n, 19 years of age) who was known to the Pyeongtaek-gu, Suwon-si, the Defendants agreed to do so from the above alcohol male toilet to Defendant A, “I will do so. I would like to dynasium. I would like to dynasium by drinking the alcohol game,” and Defendant A also agreed to this.

The Defendants, from the above date to April 21, 2013, performed the alcohol time game to April 21, 2013, and had the victim take part in the game.

After that, the Defendants: (a) placed the victim at the Hel 202 room in Suwon-si G in Suwon-si, and (b) placed the victim at the bed; (c) had the victim walked in the bed; (d) had the panty and panty in sexual intercourse; and (e) had the victim sit in the bed; (d) had the victim sit in the bed and panty; and (e) had the victim sit in the bed on one occasion under the influence of alcohol, and had the victim her sexual intercourse and rape once.

As a result, the Defendants jointly raped the victims in the state of mental disorder by drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement made to F and I;

1. A written appraisal;

1. Application of internal investigation reports (on-site inspection and collection of appraisal articles), investigation reports (related to entry records prepared by B), investigation reports (related to investigation reports on suspected parts of crimes) and Acts and subordinate statutes;

1. Article 4(3) and (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply); Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply);

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

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

1. Article 2, Article 2, of the Juvenile Act, of the Irregular Punishment.

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