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(영문) 서울남부지방법원 2018.07.20 2017고합575
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

Defendant

A Imprisonment with prison labor for three years, for three years, for three years, for a short term of two years and six months, for defendant C, for a fine of 3,00.

Reasons

Punishment of the crime

Defendant

A and B are between elementary school-friendly districts, and the defendant A and C are between the friendships attending the same high school.

Defendant

C was aware of the victim D(name, 15 years old) through a crypization and sexual intercourse with the victim several times, and the defendant A was also aware of this fact.

Defendant

A around May 29, 2017, around 19:30 on May 29, 2017, around 19:30, Defendant C asked Defendant C to introduce a female boom with a cell phone, and Defendant C wishes to introduce the victim.

As the victim is not aware of the defect, the defendant C also told the victim as if he drinks the alcohol together, so the victim was not allowed.

Accordingly, Defendant C wishes to contact the victim and drink together with drinking, and the victim was in the future of E apartment, and the victim knew from around 21:00 to around 22:00 on the same day that Defendant C was also coming together, and the victim came in the future of E apartment.

However, Defendant A, B, and three persons who know that Defendant C is not erroneous, enter the drinking at a nearby convenience store, and then enter the F apartment G rooftop in Yangcheon-gu Seoul Metropolitan Government.

1. Defendants A and B, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) committed a game in F apartment G from 22:00 to 23:00 on the same day, which physically contacted with the victim and the next person, including the drinking game, on the G rooftop of the F apartment G, in accordance with the direction of the victim and the next person. During this process, the victim took a large amount of drinking alcohol.

The Defendants were willing to have sexual intercourse with the victim who reported that the victim did not significantly refuse physical contact in the game and that the victim could not properly hold his body under the influence of alcohol.

Accordingly, Defendant A left Defendant B and the victim on the rooftop to get off the elevator and let off the elevator, Defendant B off the clothes of the victim between them, and Defendant B off the body of the victim, and her sexual organ on the part of the victim.

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