(영문) 서울서부지방법원 2014.07.15 2014고합78

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2014.07.15 2014고합78

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

Defendant

A Imprisonment with prison labor for a maximum term of three years and two years and six months, and Defendant B shall be punished by imprisonment for a term of two years and six months.

Defendants.

Reasons

Punishment of the crime

Defendant

A and B are between children attending the department of D in the University of Scenic Place, and the defendant A and the victim E (V, 18 years old) were related with each other.

On March 17, 2014, on the ground that the victim had a wind with another male, the Defendants: (a) allowed the victim to drink alcohol; and (b) conspired to commit rape when the victim has lost the mind of drinking, she would have the victim go through the telecom; (c) allowed the victim to do so; and (d) recruited the victim to do so.

Therefore, at around 19:00 on the same day, the Defendants got the victim to drink “G” as the main point of “G” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and, as the victim was under the influence of alcohol and failed to properly hold the body, the Defendants went to the “IMoel” located in Seodaemun-gu, Seoul.

After arrival at the above telecom 203 room, Defendant B waited for one’s sexual intercourse after hiding the front door of the guest room, Defendant A attempted the victim to have the front soil in the toilet, and placed the victim on the bed, “I am out of the bed, and I am off from the bed, I am off, I am off the victim’s sexual organ during the victim’s sexual organ, and am sexual intercourse.

After that, the victim was able to resist the victim in an impossible state of resistance, and the defendant A had the victim B, who was waiting for a series of times next to the victim, to have sexual intercourse with the victim. The defendant B, who was locked, was off the victim's her brogate, went off from the victim's brogate, tried to commit rape by inserting his chrogate into the victim's sexual organ during the victim's sexual organ, but the victim was not able to resist, sound, and resist against the victim.

As a result, the Defendants jointly tried to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, but did not achieve that intent.

Summary of Evidence

【Defendant A】

1. The defendant A's partial statement 1.

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