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(영문) 인천지방법원 부천지원 2019.10.11 2019고합126

준강간등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 26, 2019, the Defendant, through a game called “B” on the Internet, showed a strong appearance of gathering with the victim, such as: (a) having been aware of the victim C (name, leisure, 27 years of age) and the location of the victim’s house; and (b) having been found as the location of the victim’s house.

1. No person shall photograph the body of a person against the will of the person subject to photographing, using a camera or any other mechanical device equipped with similar functions, which violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

At around 03:00 on May 27, 2019, the Defendant taken one time the form of sexual intercourse with the victim using his/her cell phone image photographing function in Bupyeong-si DNA, and taken two times the form of the victim being divingd with the body, and taken three times the face and shoulder part of the victim who was diving with his/her sexual intercourse with his/her body by using the photograph photographing function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

2. At around 21:00 on May 27, 2019, the Defendant threatened the victim by expressing sexually related videos, photographs, etc. taken by the victim, such as paragraph (1), following the appearance of the victim, the Defendant sent the victim a sexually related video and pictures to the Internet. The Defendant would be able to spread the video and pictures to the police by spreading them to the Internet, and then spread them to the police. The Defendant will be given an opportunity to see the video and pictures even if he reported to the police. On one occasion each time in the future, the Defendant will delete the video and pictures in one form, and if he does not hear the horses, he will bring them to the Internet.”

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The results of digital evidence analysis;