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(영문) 수원지방법원 2012.12.14 2012고합924
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

Defendant

A Imprisonment with prison labor for ten years, and for 12 years, respectively.

The personal information of the Defendants is respectively.

Reasons

Punishment of the crime

1. The Defendants committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Quasi-rape) by the Defendants are as follows: (a) Defendant A is a business employee of a mobile phone agency; (b) Defendant B is the main assistant of the head office of “H” located in Suwon-si G at Suwon-si; and (c) the victim I (V, 21 years old) is a part-time employee of the said head office.

Defendant

B The Defendants introduced the victim to Defendant A on August 28, 2012, and then the Defendants drank 2,000cc with the victim from the head of the J “J” house located in Suwon-gu, Suwon-si, Suwon-si on August 28, 2012.

The Defendants conspired to engage in sexual intercourse with the victim in a state that the victim was unable to breath without the mind due to the drunkenness of the victim.

From around 04:37 on the same day, the Defendants took the victim under “Lel” 201” located in Suwon-gu Suwon-si, Suwon-si, and Defendant B was waiting for Defendant A to leave the telecom, and Defendant A attempted to have sexual intercourse between 04:40 to 05:33 on the same day, but did not have sexual intercourse due to the lack of sexual intercourse.

Defendant A continuously contacted Defendant A with Defendant B, if the Defendants were to drink at or near the convenience store in front of the above apartment room, and Defendant B had sexual intercourse with the victim who was in the status of failing to resisting alcohol from the point of time until 07:03 of the same day on the same day after driving his own car to start to his house, and returning to the above apartment, from around 06:16 on the same day, Defendant B had sexual intercourse with Defendant A, who had been in the status of failing to resist due to alcohol.

Accordingly, the Defendants, together, have sexual intercourse with the victim who is in a state of impossibility to resist.

2. Defendant B’s crime of violating the Road Traffic Act (driving) at around 05:50 on August 28, 2012.

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