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(영문) 의정부지방법원 고양지원 2017.09.22 2016고합263

준강간등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The Defendant: (a) from around 00:28 on July 18, 2016 to around 04:09 on the same day, and from around 709: (b) from around 19:00 on the day before the 19:09 day before the Rabur 709, the victim E (the age of 19) who performed drinking together was drunk and did not frighten the body; (c) was fright to rape the victim; and (d) was fright off the victim’s body on the part of the bend and her bend; and (d) was fright off the victim’s clothes on the part of the bend and her bend, and inserted the victim’s sexual flag into the her gender.

Accordingly, the defendant raped the victim by taking advantage of the mental and physical loss of the victim.

2. The Defendant, at the same time and place as the above 1.3 times and places, exceeded the clothes of the victim E (V, 19 years old) as above, and taken photographs for the telegraph of the victim, who was in possession of the victim E (V, 19 years old), using smartphone cameras, using the victim’s body body.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each investigation report (to secure CCTV video recording, to analyze and attach CCTV video recording images, and to investigate witnesses F counterpart, such as related investigations, and to the analysis and attachment of CCTV video recording images in the Gel;

1. Correspondence to a request for appraisal, a gene appraisal report, a report on each digital evidence analysis result, and the restoration of deleted photographs;

1. Determination as to the assertion by the Defendant and his defense counsel as to the photograph, CCTV in the Moel, CCTV in the Moel-felg, photograph, CCTV, restoration CD, and defense counsel by cutting down the Moel CCTV

1. Summary of the assertion

A. It is true that the Defendant had sexual intercourse with the victim at the time and place stated in the facts charged of the instant case, but this is by the consent of the victim.

In light of the fact that the Defendant and the victim moved to the Doto the Doto the Doto the Do to the Dotone, and that the victim was walking without the Do to the entrance or Do to the Dotone, the victim at the time of the instant crime.