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(영문) 서울서부지방법원 2019.08.22 2019고합106
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

1. Defendant A shall be punished by imprisonment for three years.

Defendant

A shall be a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The parties concerned Defendant A is between the victim C (a family name, a female, 18 years old and 18 years old) and the elementary school alumni. Defendant B was introduced by Defendant A and the victim first met with the victim. The Defendants are high school-friendly.

2. Defendants violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) are under contact with Defendant A while drinking alcohol together at the point of “E” located in Eunpyeong-gu Seoul Metropolitan Government D on February 13, 2019, around 23:00.

After being aware of the fact that he/she drinks in the vicinity, he/she made an attempt to drink, at around 23:49 on the same day, the main point of "G" located in the F and second floor of Eunpyeong-gu Seoul Metropolitan Government, 23:49 on the same day, one friend of the victim and one friend of the victim.

On February 13, 2019, from around 23:49 to 02:19 of the following day, the Defendants went first to the home of the victim’s friendship who had performed the said alcohol at the main point of “G”. The victim, who continued to perform the said alcohol from around 02:19 on the following day, went back to the Hel I room in Eunpyeong-gu Seoul Metropolitan Government due to the victim’s booming Defendant A, who was only the victim, was unable to walk properly.

On February 14, 2019, from around 02:24 to 04:00 on the same day, the Defendants had sexual intercourse by inserting the victim’s her chest and her clothes in the victim’s sexual organ inserted the victim’s sexual organ into the victim’s sexual organ.

이어 피고인 B는 피해자를 간음하기 위해 피해자의 가슴과 성기를 손으로 만지고, 입으로 피해자의 성기를 핥았으나, 피해자가 술에 취한 상태에서 수차례 “하지 마라”라며 거부하자 그 행위를 그만두었다.

Accordingly, the Defendants, together, have sexual intercourse with the victim who is in a state of mental disorder or impossibility.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's protocol of examination of the accused;

1.C (tentative name).

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