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(영문) 서울동부지방법원 2016.02.15 2015고합295

준강간치상등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. Around October 19:10 on October 5, 2015, the Defendant: (a) had the victim F (nive, age 24) who is an employee of the company for which the Defendant is working as a director at a restaurant located in Songpa-gu Seoul; (b) had the victim enjoy alcohol; (c) had the victim; (d) had the victim feel sexual intercourse with the victim who is in an impossible condition to resist by drinking it; and (e) around October 22:30, 2015, around the above restaurant, the victim was fluent with the victim’s gate number 5 stories in Songpa-gu Seoul, Seoul; and (e) had the victim laid the victim’s gate and clothes laid off at the bed; and (e) inserted the victim’s sexual flag into the part of the victim’s lebane; and (e) inserted the victim’s lebane into the part of the victim’s lebane around October 251, 2015.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, and caused the victim's injury to the quality, appearance, open situation, etc. requiring approximately two weeks medical treatment.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (defluence, such as a camera, etc.) taken pictures of the victim F (the age 24) by using the cell phone camera functions used by the Defendant at the time and at the place specified in the preceding paragraph, and by using the cell phone camera functions used by the Defendant, which may cause sexual humiliation or shame, and the Defendant taken pictures of the victim against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A criminal investigation report (request for preparation of a record of a telephone investigation file), CD-recording file storage, recording recording, and a record recording;

1. Medical certificates, reports on investigation (in cases of attaching a medical certificate), opinions, and photographs of damaged parts;

1. On-site map, investigation report (CCTV investigation, etc.), CCTV photograph, investigation report (to search moving images in a portablephone), photograph photograph of a mobile phone photograph, CCTV screen image and cell phone image storage CD;

1. The report of investigation (with country and number);