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(영문) 서울중앙지방법원 2015.11.27 2015고합799

준강간등

Text

1. The punishment of the accused shall be two years of imprisonment;

2. A program for treating sexual assault for 40 hours against the accused.

Reasons

Punishment of the crime

1. Around 03:00 on November 1, 2013, the Defendant: (a) 203: (b) performed drinking at the Defendant’s house of the first floor in Seoul E, together with the victim F (F, 20 years of age); (c) performed drinking together with G and H; (d) returned to her house; (e) discovered that the victim was locked, and the victim was locked, and (e) took off the victim’s standing, she was deprived of his/her ability to resist; and (e) she flicked him/her into the part of the victim; and (e) she raped the victim by having sexual intercourse once.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) took photographs against another person’s body by using cameras or other similar devices with a similar function, from around June 8, 2015, from that time to June 8, 2015, such as having sexual intercourse with the victim F with the victim and photographing the face of the body of the victim in which the Defendant had sexual intercourse with the victim at the time and place specified in paragraph (1) by executing the Defendant’s mobile phone image function, and photographing the face of the body of another person who may cause sexual humiliation or shame

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to I, F, and J;

1. A complaint filed by I;

1. Requests for digital sirens investigation, replies of results of digital evidence analysis, reports on results of each digital evidence analysis, requests for digital evidence analysis, victims' photographs, ctv images;

1. A investigation report (related toCCTV investigation, and related to victims);

1. In the application of Acts and subordinate statutes, one gallons5 (No. 1);

1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the crime, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using cameras, etc. and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Punishment, etc. of sexual crimes committed against him/her;