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(영문) 대전지방법원 2015.03.26 2014고합527

준강간치상등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On August 2, 2014, the Defendant introduced the Victim F (n, 18 years of age) from the line of work at the E branch where he works, and performed drinking together with the Defendant, the Defendant’s club G, the victim’s family member G, the victim’s family member H, the victim’s family member H, and the victim’s family member H, and the said victim’s family member could not be divided into body by taking full advantage of his body, and went back to the Jel located in Daejeon-gu I while he was aboard the Defendant.

1. At around 21:50 on the same day, the Defendant: (a) went off the clothes of the victim who was under influence of alcohol at the above 501 room; (b) was trying to put his sexual organ into his sexual organ in his sexual organ; and (c) the victim, who flads his mind with a pain, fladds his body, and flads the Defendant’s body, and flads the Defendant’s body, and flads his sexual organ into the same female’s body, and flads his sexual organ into the same female.

Accordingly, the defendant had sexual intercourse once by taking advantage of the victim's state of impossibility to resist, regardless of being under the influence of alcohol, and suffered sexual intercourse with the victim in the process.

2. The Defendant, at the same time and place as the above paragraph (1), taken photographs of the victim who can take clothes using his galthothro 2 smartphone camera, using his own galthophone, and taken pictures of the victim’s sexual intercourse with the victim by fixing the said smartphone to the table table of the telephone, and then taken pictures of the victim’s sexual intercourse with the victim.

Accordingly, the defendant taken the body and clothes of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The prosecutor's statement concerning the F;

1. Answers based on the analysis of digital evidence ( Daejeon, Daejeon, and mobile);

1. Application of Acts and subordinate statutes, such as a medical certificate and medical record for victims of sexual assault;