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(영문) 광주지방법원 2019.02.15 2018고합437
성폭력범죄의처벌등에관한특례법위반(강간등치사)등
Text

Defendant

1. A defendant A shall be punished by imprisonment with prison labor for a maximum of five years and by a short of four years and six months;

Defendant

Sexual assault against A for 80 hours.

Reasons

Punishment of the crime

To the extent that it does not substantially impede the exercise of the accused’s right to defense, the facts charged are partially revised and recognized as criminal facts without any changes in indictment.

"2018, 437"

1. Defendants A and B had a history of sexual intercourse with the victim E (age 16) prior to the instant case; Defendant A and B knew of having been aware that the victim’s sexual intercourse was able to drinkly and have a sexual intercourse with the victim upon drinking alcohol; Defendant A and the victim was able to have sexual intercourse with the victim by drinking alcohol at once; Defendant A and the victim was able to have sexual intercourse with the victim after drinking alcohol; on September 13, 2018, 01:22, contact the victim with the victim with the F image call, SNS on several occasions on September 13, 2018, “I am to drink the same alcohol”; Defendant B purchased the victim’s 6 illness (age 360 m360 m3, alcohol alcohol 17.8%); and Defendant B and the victim prepared to drink the victim’s sexual intercourse with the victim before drinking alcohol; and Defendant B and the victim had sexual intercourse with the victim before drinking alcohol.”

The Defendants, at around 02:00 on the same day, share alcoholic beverages with the victim, suggest to the victim that the victim was unable to drink more than half of the 390 square meters capacity in the game and that the victim was able to drink the game in penal provisions, and then, the Defendants’ use of the F Mesens by giving and receiving a fake message of the kind, method, etc. of the game or sending it to a private person by hand, make the victim drink a considerable amount of alcoholic beverages remaining under the continued penal provisions. On the other hand, Defendant A, even in a case where the victim must drink alcoholic beverages due to his penal provision, she dump and dump such alcoholic beverages.

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