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(영문) 대전지방법원 2018.04.06 2017고합477

준강간등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and victim D(n, family name, 24 years old) and the university building.

1. Quasi-rape: (a) on October 23, 2017, the Defendant had sexual intercourse by inserting the Defendant’s sexual organ into the victim’s sexual organ in a state of mental and physical loss as he/she was drunk, at the Defendant’s house located in Sejong E-Ba 301, around October 23, 2017.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) taken video images against the victim’s will, as above, using the cell phone camera at the same time and place as set forth in the above paragraph 1.

In addition, the Defendant taken photographs of the body of the victims who could cause sexual humiliation or shame on seven occasions from June 2, 2016 to November 7, 2017, as stated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant prepared by the public prosecutor (two times);

1. Each police statement made with respect to F (Gain), G (Gain), H (Gain), D (Gain Name), and I;

1. A statement of the evidence list No. 1;

1. Protocols of seizure and list of seizure, and general list of seized articles;

1. Each screen CD (illegal motion picture);

1. Investigation report (No. 21, No. 22, No. 23 once a year);

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act concerning the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as a camera, the selection of a punishment of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in the crime of rape, which has become more severe in punishment);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.