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(영문) 인천지방법원 2018.03.23 2017고합832
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendant

A and C shall be punished by imprisonment with prison labor for three years and by imprisonment for two years and six months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are friendly-gu, and the victim F(n, 19 years old) is the first female-friendly Gu of the Defendants.

1. On November 19, 2017, the Defendants of the joint crime committed by the Defendants were to have sexual intercourse with the victim under influence of alcohol in the residence of the victim No. 417, Nam-gu, Incheon Metropolitan City Htel 417. Defendant A exceeded the clothes of the victim, and made sexual intercourse with the victim’s sexual organ inserted his own sexual organ into the body of the victim, and Defendant C, who was followed by this, was off from his own body, and her sexual organ was collected by inserting the victim’s sexual organ into the body of the victim. Defendant C, who was under the circumstance of Defendant A’s sexual intercourse with the victim, was under the part of the victim’s sexual organ, inserted into the part of the victim’s sexual organ into the part of the victim’s sexual organ, and was able to have sexual intercourse with the victim’s sexual organ, and all of Defendant B, who was under the influence of the victim’s sexual organ, was discharged from the victim’s sexual intercourse with the victim’s sexual organ, and the victim’s sexual intercourse with Defendant C.

“The victim has sexual intercourse by inserting the victim’s sexual organ by inserting the victim’s negative organ at the bottom of the victim who has ceased sexual intercourse.”

Accordingly, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

2. On November 19, 2017, around 10:25, Defendant C’s sole criminal defendant taken video pictures against the victim’s will, using his/her mobile phone recording function in the victim F (n, 19 years of age)’s cellphone 417, Nam-gu, Incheon Metropolitan City’s Htel 417.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the mobile phone image photographing function against his will.

3. Defendant A’s sole crime is committed on the same day within the residence of the above victim around 10:38.

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