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(영문) 서울남부지방법원 2016.09.09 2016고합191

강간등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant became aware of the victim D(n, 25 years of age) through Twitting only the mobile phone condition.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) Defendant was in possession of the Defendant at the “GMoel” located in the FF distance located in Gangseo-gu Seoul Metropolitan Government E on September 2015, 2015.

gallon, using S3 mobile phone Kameras, photographs of the rear balle that the victim was divingd with balle.

In addition, the Defendant taken five times in total the body of the victim who could cause a sense of sexual shame, such as the list of offenses, from September 2015 to October 6, 2015.

2. In around 01:00 on October 26, 2015, the Defendant, at the home of the victim located in Gangseo-gu Seoul Metropolitan Government, had sexual intercourse once after: “A person who had previously known to B was knee and knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn-kne-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Protocols of seizure;

1. Correspondence with the result of the request 2016도요 00911;

1. Application of Acts and subordinate statutes to a report on investigation (an investigation into seized smartphones);

1. Relevant Article 297 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (with regard to taking photographs using a camera, comprehensively taking photographs of a camera),

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for the crimes of rape with heavy punishment for the crimes of rape is added);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Confiscation of the Criminal Act;