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(영문) 부산지방법원 2017.07.07 2017고합193
준강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Quasi-rape: The Defendant, while serving as a soldier belonging to the 239 largeest 2 police squad in the Army, was given a regular leave of absence on September 11, 2016 and affixed the following seals from around 22:00 on September 22, 2016;

9. From the main point of “D” located in Busan to exceed 01:00, the victim E (the age of 21) initially known at the main point of “D,” and the victim E (the age of 21), who sent text messages to the victim returned without the end of 01:46 on the same day (9.12) and sent the phone call to the victim before the victim’s house located in the Busan-gu Busan-gu, Busan-gu, where the victim was living together with the victim, and was locked with the victim, on the same day at around 07:30 on the same day.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or arbitrative condition.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) taken four times on September 12, 2016, the body part of the Defendant, such as her panty, out of her panty jum, by using a galm camera photographing function of S7 mobile phones from around 04:28 to 08:28, in a galloning process used by himself/herself.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Reporting on results of digital evidence analysis (in response) and the application of the Acts and subordinate statutes requesting appraisal;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act concerning the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as a camera, the selection of a punishment of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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