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(영문) 수원지방법원 2014.09.16 2014고합256
아동ㆍ청소년의성보호에관한법률위반(준강간등)등
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

For each of the defendants, a sexual assault treatment program for 40 hours is provided to the defendants.

Reasons

Punishment of the crime

On May 4, 2014, at around 22:00, the Defendants discovered that the victim G(s) and H(s), which is a juvenile, were seated in the roadside on the road in front of the E Fice F, Suwon-si, Suwon-si, and that they were sexual intercourse with the victims after drinking alcohol.

At around 22:30 of the same day, the Defendants made a proposal to the victims to drink the same alcohol, and the victims who accepted it were sent back to the house of the Defendants No. 309 of the former IA building, and had the victims drink one-half of each week, respectively, for about one hour after the end.

At around 23:30 on the same day, the Defendants, at the home of the above Defendants, used that the victims were in a state of inability to resist due to the influence of alcohol, she exceeded the clothes of H, and inserted the Defendant’s sexual organ into the entrance and the sexual organ of H, and had sexual intercourse, so far, Defendant A exceeded the clothes of the victim G and added the Defendant’s sexual organ into G’s sexual organ, and continued to have sexual intercourse with the victims by inserting the victims’ sexual organ into the Defendant’s sexual organ at the entrance and the sexual organ of H, and Defendant A had sexual intercourse by inserting the Defendant’s sexual organ into the sexual organ of H.

As a result, the Defendants committed sexual intercourse with the victims who are in a state of impossibility to resist jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. A victim’s statement video CD;

1. Application of Acts and subordinate statutes to CCTVs of J convenience points and photographic Acts and subordinate statutes collecting garbage bars;

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

1. The crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are more severe;

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