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(영문) 울산지방법원 2020.02.19 2019고합406
준강간등
Text

A defendant shall be punished by imprisonment for two years.

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. Around 05:00 on October 24, 2019, the Defendant, under the influence of alcohol, engaged in sexual intercourse with the victim by putting the Defendant’s sexual organ into the victim’s negative part by putting the victim’s sexual organ into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant, at the same time and at the same place, taken the body of the said victim using the Defendant’s mobile phone device in a video recording without the victim’s consent, in violation of the Punishment of Sexual Violence, etc. Act (hereinafter “Ameras”).

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Reports on internal investigation (limited to attachment of photographs on the site of a case);

1. 112 reported case processing table and a gene appraisal report;

1. Application of existing Acts and subordinate statutes to one galthal junoglass 10 flus (No. 1);

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be punished for sexual crimes prior to the instant case.

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