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(영문) 울산지방법원 2016.07.05 2016고합110

준강간등

Text

1. Defendant A shall be punished by imprisonment with prison labor for four years, by imprisonment for eight months, and by a fine for 2,000,000 won, respectively.

2...

Reasons

Punishment of the crime

1. Defendant A

A. A. Around March 8, 2016, the Defendant, around 04:00, was under the influence of alcohol on March 8, 2016, at around 04:00, the Defendant was raped by having all the clothes of the victim I (tentative name) in a state of resistance impossibility, and having sexual intercourse once.

B. On March 8, 2016, around 05:13, the Defendant, at around March 8, 2016, posted part of the body of a sexual instrument, such as inserting fingers into several fingers of the victim, in the same place as the above in the foregoing paragraph (a), at around March 8, 2016, at the same time as the above paragraph (a).

(c)

around 05:20 on March 8, 2016, the Defendant, at around 05:20 on March 8, 2016, went off the clothes of the victim I (a person under family name) at the same location as the above in the foregoing paragraph (a) and committed rape.

(d)

Around March 8, 2016, the Defendant, who was quasi-Raped on March 8, 2016, included part of the body in a sexual instrument, such as inserting the fingers into the same part of the victim’s sexual intercourse, at around 05:30 on March 8, 2016, at the same place as the foregoing paragraph (a).

E. At around 06:00 on March 8, 2016, the Defendant, at the same place as the above A around 06:0 on March 8, 2016, placed a part of the body of the victim’s sexual organ, such as: (a) putting the victim into the floor by force the victim’s arms intending to escape by shouldering in a lock; (b) suppressing the victim’s half on the part of the vessel; (c) suppressing the victim’s chest; and (d) putting the victim’s chest into the part of the body, such as inserting the victim’s finger; and (d) inserting the victim’s fingers into the part of the body.

F. On March 8, 2016, around 05:13, the Defendant: (a) obstructed the relevant Defendant C, who had been in the same place as the above paragraph (a), to take photographs of the Defendant’s act like the above paragraph (b) using a cell phone; and (b) caused C to take photographs of the Defendant’s act.

Ultimately, the defendant is entitled to have another person's body that may cause sexual humiliation or shame by using a camera or other similar mechanism with similar function.