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(영문) 서울남부지방법원 2018.05.31 2018고합78

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 80 hours.

Reasons

Punishment of the crime

To the extent that it does not affect the defendant's right of defense, part of the facts charged (including the list of crimes) was revised.

On January 23, 2016, the Defendant maintained internal relations from around 27th of the same month, where the Defendant had been operating around 20 to 30 pro-friendly ties. The Defendant continued to maintain internal relations from around 20th of the same month.

1. Around August 14, 2017, at around 02:32, the Defendant: (a) had sexual intercourse in Guro-gu Seoul, Guro-gu, Seoul; and (b) had sexual intercourse with the victim who was divingd without the victim’s consent; (c) had the victim’s sexual intercourse; (d) had the victim’s sexual intercourse with his/her cell phone to photograph his/her sexual intercourse with the victim; (d) had the victim’s sexual intercourse with his/her fingers by inserting his/her fingers into the sound part of the victim who was not food; and (e) continuously had sexual intercourse by inserting his/her sexual organ into the sound part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.), had sexual intercourse with a victim in an unroutable state by diving, such as the date and place set forth in paragraph 1, and at the same time and place set forth in paragraph 1, taken the form of sexual intercourse by using S8’s camera function at the victim’s cellular galothotho when

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone which has a camera function against his will.

3. On September 10, 2017, the Defendant was in custody of the victim’s gallon (F) using S8 smartphones in Seoul Gangdong-gu and Gangdong-201 in his gallon, with a view to maintaining a eromatic relationship with the victim’s view to maintaining the eromatic relationship with him, such as the victim’s bale images taken from the victim’s eromatic images, etc. as described in paragraph 2. On the same day, the Defendant was in custody of the victim’s gallon (F) using his gallon (f) in his gallon city around 19:20.