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(영문) 대구지방법원 2017.06.02 2017고합25
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant shall be punished by imprisonment with prison labor for a maximum of three years and six months and by a short of two years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

Punishment of the crime

On July 25, 2016, at a restaurant located in Ulsan-gu, Ulsan-gu, the Defendant 1, along with friendship C, Aftermad D, Victim E (n, 17 years of age), drinks, and drinks alcoholic beverages at a facility store located in G to drink alcoholic beverages, and drinks alcoholic beverages at one room.

At around 01:00 on the 26th day of the same month, the Defendant: (a) placed the victim under the influence of C in another bed, and was considered to have exceeded the victim’s standing on the part of the other bed; (b) considered to have “B” on the part of C.

The phrase “A” refers to the following: C was transferred back to the bed side of the bed, and C was assigned to the Defendant; the Defendant exceeded the brode and panty of the victim under the influence of alcohol, who is in an impossible condition to resist, and was raped once by sexual intercourse with the victim.

As a result, the defendant raped the victim who is a child or juvenile in a state of impossibility of resistance, in collaboration with C.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect under C by the public prosecutor;

1. Copy of the stenographic records of E;

1. Application of statutes to a copy of a gene appraisal document;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a special quasi-rape), Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 299 and 30 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which the quality of the crime is heavier);

1. Selection of alternative abandonment of punishment;

1. Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the defendant is deemed to be a juvenile in light of his/her characteristics) of the Juvenile Act, and Article 55(1)3 of the Criminal Act

1. Articles 2 and 60(1) of the Irregular Juvenile Act, and Article 4(2) of the Act on Special Cases concerning the Punishment of Specific violent Crimes

1. Determination as to the assertion by the Defendant and the defense counsel under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the claim.

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