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(영문) 대구지방법원 2019.07.12 2019고합198

준유사강간등

Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 27, 2018, from around 03:00 to 06:00 of the same day, Defendant A drinkd with the Daegu Masung C hotel D, friendly B, and the victim E (n, 19 years of age) of the victim who was under the influence of alcohol between the Defendant and the Defendant, and then sent the Defendant’s finger and the photograph to B in a different room by inserting the Defendant’s finger in the form of the victim’s sexual intercourse, where the said B was under the influence of alcohol between one’s own injury and another room, with the Defendant’s cell phone, with the Defendant’s cell phone.

Accordingly, the Defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism with similar function, against the will of the victim, and provided the above photographer.

2. On November 27, 2018, from around 03:00 to 06:00 on the same day, Defendant B taken pictures of the body of the victim who was divingd by the Defendant’s cell phone, and had sexual intercourse once with the victim, due to the protection of the victim who was under the influence of alcohol and was under the influence of alcohol, after committing the above crime.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against the will of the victim, and sexual intercourse with the victim by taking advantage of the victim's state of refusal to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Each protocol of seizure and the list of seizure;

1. An investigation report (including the table of evidence Nos. 2, 5, 8, 48, 49, each accompanying material), the list of evidence reported. 32.