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(영문) 수원지방법원 2014.02.14 2013고합831
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

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

The defendants are 120-hour sexual assault treatment programs.

Reasons

Punishment of the crime

Defendants are between middle school and middle school, and E and F are the friendship of Defendant A, and victim G is the female-friendly Gu of E.

Defendant

B around November 10, 2013, the above E and F first met.

The Defendants, from around 04:00 on November 10, 2013 to around 06:00 on the same day, performed the game by drinking alcohol with the victim, E, and F, from the Suwon-si H building 305 (hereinafter “instant officetel”), Defendant B’s house from around 04:0 to around 06:00 on the same day, the Defendants conspired to engage in sexual intercourse with the victim by drinking together with the victim, E, and the victim’s male job offering E going from the instant officetel to the point of view that the victim’s body cannot be disturbed.

Defendant

B At around 06:00 on the same day, up to 06:00, up to the victim's panty and out of the panty, had not sexual intercourse with the victim, but did not have sexual intercourse with the victim.

Accordingly, Defendant A had sexual intercourse once with the victim by inserting his sexual organ into the victim’s negative organ.

Defendant

A The Defendant B, who was born, had sexual intercourse once with the victim by inserting his sexual organ into the negative part of the victim.

Defendant

After the plaintiff B was landed, the defendant A inserted his sexual organ into the victim's sound book again and had sexual intercourse once.

Accordingly, the Defendants, together, had sexual intercourse with the victim who is unable to resist under the influence of alcohol.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Each prosecutor's interrogation protocol against the Defendants and F

1. Police suspect interrogation protocol regarding F;

1. Each prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 299 of the Criminal Act concerning the applicable provisions concerning the facts constituting an offense and the selection of punishment for a limited term;

1. Discretionary mitigation:

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