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(영문) 울산지방법원 2016.07.05 2016고합115

강간등

Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On November 2015, the Defendant became aware of the fact that the victim victim C (V, 22 years of age) was able to live in a dormitory on December 2015, 2015, and that there was a studio of the Defendant in Ulsan-gu, Ulsan-gu. As such, the Defendant’s studio was false at the victim’s studio in the middle-gu, Ulsan-gu, U.S., and caused the victim to move in the above studio around the end of December 2015. From that time, the Defendant tried to have a sex relationship with the victim for several times while living in the above studio, but was rejected once.

1. A crime committed on December 1, 2015;

A. Quasi-rape on December 1, 2015, the Defendant exceeded the clothes of the victim locked at the above room room around 05:08 on December 1, 2015, and had sexual intercourse with the victim by inserting the sex into the sound part of the victim.

Accordingly, the defendant was raped by taking advantage of the victim's mental or physical loss, or incompetence.

B. Around December 1, 2015, the Defendant used a camera function of the cellular phone owned by the Defendant (hereinafter “Mggal gallon, etc.”) on the part of December 05:01, 201, in order to take a screen image over approximately 2:3 seconds of the victim’s physical condition, such as the victim’s cellular phone (hereinafter “Mgal galth 5”) and the part in which the victim’s fingers are placed in the sound part of the victim’s sound, and the screen image was taken over over around 16:3 minutes of the victim’s sexual intercourse, such as the above 1-A on the same day, around 05:08.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. A crime committed on February 20, 2016;

A. A quasi-indecent act: (a) around February 20, 2016, the Defendant: (i) 13:07; (ii) embarked on the side of the victim who was locked at the above studio; (iii) embarked out of the victim; (iv) embarked on the part of the victim; and (v) embarked on the part of the victim.

Accordingly, the defendant loses the victim's mind and body.