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(영문) 서울동부지방법원 2015.03.19 2015고합20

준강간등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Crimes related to victims D;

가. 준강간 피고인은 2014. 5. 스마트폰 채팅 어플리케이션인 ‘즐톡’을 통해서 피해자 D(여, 16세)를 알게 되었다.

On June 27, 2014, the Defendant, at the home of the victim located in Gangdong-gu Seoul Metropolitan Government, had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim who lost his mind by drinking alcohol.

Accordingly, the defendant raped the victim who was unable to resist.

B. The defendant is in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc.).

In the time and place of this paragraph, when rapeing the victim of the failure to resist, the defendant taken pictures of the victim's sexual intercourse with the victim's sexual intercourse using the victim's Samsung Ggal justho function of Samsung S4 mobile phone (No. 1).

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using mechanical devices against his will.

2. 피해자 F 관련 범행 피고인은 2014. 10. 스마트폰 채팅 어플리케이션인 ‘즐톡’을 통해서 피해자 F(여, 17세)를 알게 되었다.

On October 7, 2014, the Defendant, at the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government, conducted sexual intercourse with the victim at the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government, and taken photographs of the victim’s sexual intercourse with the victim using the aforementioned Samsung Tgalopthal mobile phone function.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using mechanical devices against his will.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement by the prosecution concerning D;

1. A written statement;

1. Seizure records;

1.Each photograph (Evidence Nos. 3, 4, 6, 13) of evidence list, photographs and videos stored in each investigation report seized article, and extractions of Handphones.