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(영문) 광주지방법원 2017.04.28 2017고합101

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)등

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A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On November 22, 2016, the Defendant: (a) intruded the victim E (Woo, 24 years of age) at the DNA conference located in Gwangju Northern-gu, Gwangju, using Maskky, into the 608 heading room; (b) had the victim, under the influence of alcohol, she did not have any clothes; and (c) had the victim’s body, she had the victim’s chest, she had the victim’s chested to have sexual intercourse; and (d) attempted to put the Defendant’s sexual organ into the victim’s chest while inserting the victim’s chest, but did not have the Defendant’s sexual organ taken place; and (c) attempted to put the Defendant’s sexual organ into an attempted crime due to the Defendant’s sexual organ not taken place.

Accordingly, the defendant attempted to have sexual intercourse with the victim by intrusion into the room occupied by the victim, taking advantage of the victim's mental and physical loss or the impossibility of resistance.

2. On November 22, 2016, the Defendant, at around 03:22, around the same place as indicated in the foregoing paragraph 1, 2016, displayed two copies of the victim’s telegraphic photo using the 7 mobile phone camera function, which the Defendant had, under the influence of alcohol, the victim was able to walk with the balle of the balle of the ballelet.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. On-site reports on results of field identification, reports on results of digital evidence analysis, and replys to requests for each appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs and photographs of victims;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319(1) and 299 of the Criminal Act (the attempted quasi-rape), Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs using a camera, etc., and the choice of imprisonment with prison labor);

1. Attempted mitigation of a crime: (a) Articles 25(2) and 55(1)3 of the Criminal Act [the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or quasi-rape)]