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(영문) 대전고등법원 2020.01.10 2019노293
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

The judgment below

Part concerning Defendant B, D, E, F, G, and H shall be reversed, respectively.

Defendant

B, E, and F are punished by imprisonment for each of three years;

Reasons

1. Summary of grounds for appeal;

A. On June 7, 2016, the prosecutor 1) deemed that sexual intercourse as stated in this part of the facts charged was committed on or around June 7, 2016 with Defendant B and C, and arranged the date and time as “ around June 7, 2016.”

There is a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape). It is called victim Jin, Man, 15 years of age, hereinafter referred to as "victim."

According to the statement or the statement of Defendant B, it is recognized that the victim was in the state of mental disorder or non-performance of defense at the time. According to each statement of the victim, X, W, and V, the fact that Defendant C entered the victim’s room and had sexual intercourse with the victim is sufficiently recognized. (B) The above Defendants violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Defendant D, E, F, G, and H during July 2016, shared the awareness that the said Defendants had sexual intercourse with the victim under the influence of alcohol, and had sexual intercourse with the victim in order by implied joint processing intent.

At the time of the instant case, the victim was in a state of mental disability or inability to resist by drinking more than one disease per week, and even if the victim did not objectively reach such a state, the said Defendants were aware that the victim was in a state of mental disability or inability to resist and had sexual intercourse with the intent to have sexual intercourse with the victim by using the fact that the victim was aware that the victim was in a state of mental disability

C) There is no circumstance to deem that the victim consented to the gender relationship with Defendant I by knowing that Defendant I had a female-friendly group at the time of the instant case (the victim was aware of quasi-rape) in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the victim was a female-friendly group at the time of the instant case, and by showing V out of the house upon shocking the indecent act in the immediately preceding V of the instant case.

At the time of the instant case, the victim was in the state of mental or physical disability or inability to resist, and such a state does not reach an objective point of view.

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