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(영문) 수원지방법원 2015.12.08 2015고합557

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 2 shall be confiscated.

Sexual assault, 80 hours against the defendant.

Reasons

Punishment of the crime

1. The defendant is a victim C (A, 16 years of age), or D (a father, 17 years of age) in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (absent Rape in Residence).

At around 02:00 on September 25, 2015, the Defendant intruded into the inside of the victims who were in the wife population E, and was divingd with the victim C’s panty panty, where the victim was under diving, as the victim’s panty tyty.

계속하여 피고인은 위 C의 옆에서 잠을 자고 있던 피해자 D의 반바지와 팬티를 벗기고 다리를 벌린 뒤, 위 D의 음부를 핥고, 손가락을 위 D의 질 안으로 집어넣고, 성기를 위 D의 음부에 삽입하려고 하였으나 위 D가 몸을 비틀면서 저항하여 삽입하지 못하고, 계속하여 위 D의 팬티를 입힌 뒤 팬티 아랫부분을 손으로 밀어 음부를 드러나게 한 후, 손가락을 위 D의 질 안으로 집어넣었다.

As a result, the defendant invadedd the victims' residence, committed an indecent act against the victims C by using a state in which it is impossible to resist, and committed similar rape.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), at the same time, and at the same place as set forth in paragraph (1), as seen above, carried out the following: (a) in contrast to the intent of the victim D, the Defendant divided the stacks to take the sound records of the D using the Defendant’s mobile phone camera, but (b) in the course of taking the sound records of the D using the Defendant’s mobile phone cameras, the Defendant did not take a photograph of the video only due to the use of the Defendant’s mobile phone

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Statement of police seizure;

1. Report on the results of analysis of digital evidence;

1. Application of statutes on site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319(1) of the Criminal Act concerning criminal facts;