(영문) 창원지방법원 거창지원 2016.12.15 2016고합20

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 거창지원 2016.12.15 2016고합20

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

Text

Defendant

The punishment against A shall be six years of imprisonment, five years of imprisonment with prison labor for Defendant B, and the punishment against Defendant C.

Reasons

Punishment of the crime

[2016Gohap20]

1. Defendant A and B performed drinking at around 23:00 on the date of March 2015 at the “F” point of “F” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for about one hour in the near H convenience point of the day following the end of 03:00: (a) the victim, who was her both fright and left home at around 03:00, was able to drink alcohol for about one hour in the near H convenience point; (b) the victim under the influence of alcohol was her house in the si-gun, Chungcheongnam-gun, Chungcheongnam-gun; and (c) the victim was unable to take part in the body of the victim by taking advantage of the body of the victim; and (d) the victim was unable to take part in the body of the victim by taking advantage of the body of the victim; and (e) the victim was able to take part in sexual intercourse in the body of the victim’s room in order by taking advantage of the victim’s body.

According to the above mother, the above Defendants exceeded all the clothes of the victim under the influence of alcohol, and met the victim's chests and frights with the victim's chests, and spits with the victim's spits in the negative part of the victim, and they have sexual intercourse with the victim by inserting his sexual organ into the victim's negative part. Defendant B continued to have sexual intercourse with the victim by inserting his sexual organ into the victim's negative part.

Accordingly, the above Defendants jointly committed sexual intercourse by taking advantage of the victim’s state of impossibility to resist.

2. The Defendants, at around 04:00 as of March 2015, gather the appearance of the above Defendants to have sexual intercourse with the victim as described in paragraph (1) from Defendant A’s home located in Yong-gun, Chungcheongnam-gun, Kim Chang-gun, the end of March 2015, and Defendant A taken the form of having sexual intercourse with the victim by Defendant B as a cell phone camera, and Defendant B taken the form of having sexual intercourse with the victim by Defendant A as a cell phone camera.

Accordingly, the above Defendants conspired to use mobile phone cameras.

유사 판례

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