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(영문) 수원지방법원 안양지원 2016.03.18 2016고합5

준강간등

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

1. On November 18, 2015, the Defendant: (a) discovered the victim F (the 26-year-old age), who was on board the first floor of the 1st floor of the said age building by drinking alcohol, using the “E” toilet located in Maan-gu, Mayang-gu, Mayang-gu, Mayang-si, Mayang-si; (b) discovered the victim’s breath (the 26-year-old age); and (c) had the victim sexual intercourse with the nearby her.

As seen above, Defendant 1: (a) laid the victim under the influence of alcohol into “H telecom” located in Mana-gu Mana-gu Mana-gu Mana-si; (b) 00:01 on November 19, 2015, from around 00:56 on the same day, 03:56 on the same day, she was accommodated with the victim; (c) exceeded all clothes of the victim under the influence of alcohol, which is in a state of non-fluence, and re-rapeed the victim by having sexual intercourse once.

2. The Defendant raped the victim as set forth in paragraph 1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.) and took photographs of the victim’s her son’s chest, ambas, and ambas, etc., which could cause a sense of sexual shame by using his son’s mobile phone, and transmitted this photograph to I via Kakao Stockholm.

Summary of Evidence

1. Statement of the defendant in the protocol of the first trial date;

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

1. Police seizure records and list of seizure;

1. A report on investigation (investigation of seized suspect mobile phones-balone photo, etc.);

1. Report on internal investigation (with respect to statements made by victims, investigation of neighboring CCTVs, investigation of the moving route by the suspect after the victim has met, investigation of the head of Hel business, attachment of CCTV images, seizure and verification warrant, and execution result of execution of a warrant of search and seizure);

1. The application of Acts and subordinate statutes on drillings (Attachment of a report as a result of digital evidence analysis);

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 use of a camera, etc. and the selection of a punishment of imprisonment);

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the upper limit shall be the sum of the long-term punishments for two crimes);