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(영문) 서울동부지방법원 2020.04.09 2019고합390

준유사강간등

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. Around October 14, 2019, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amera, etc.) due to shooting, taken a photograph of the Defendant’s cell phone camera on the part of the sound part of the victim D (Gain, n, 23 years old) who was diving under the influence of alcohol in Seongdong-gu Seoul Maur C, Seongdong-gu, Seoul, taking a photograph of the Defendant’s cell phone camera on the part of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the victim's will.

2. Around October 14, 2019, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Kameras”) due to the provision, sent the victim’s sound photographs taken at the above Mameras to Kakao Kakae E via the Defendant’s cell phone, using the Defendant’s cell phone.

Accordingly, the defendant provided the body of the victim, which might cause sexual humiliation or shame, against the victim's will, taken a photograph of the victim against the victim's will.

3. Around October 14, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes due to Quasi-Rape and Taking a photograph (hereinafter referred to as a “Camera, etc.”) (hereinafter referred to as the “Camera, etc.”) committed an act of repeatedly taking the Defendant’s fingers into consideration the Defendant’s mobile phone camera and video function at the above Mamera room, and then putting the Defendant’s fingers into the part of the victim’s sound that he was able to sleep while under the influence of alcohol, and taken the

Accordingly, the defendant committed an act of inserting part of the body against the victim, such as the defendant's fingers, etc., by taking advantage of the victim's mental condition or the state of impossibility to resist, and took photographs of the victim's body against the victim's will, using the camera, which might cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seized articles, photographs of seized articles and evidence of seizure;

1. Articles subject to investigation, reporting and seizure;