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(영문) 서울동부지방법원 2019.07.26 2019고합31
준강간등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On September 15, 2018, the Defendant, while drinking alcohol together with the Victim C (tentative name, 28 years of age) known through the “B”, which was held on September 21, 2018, decided to have sexual intercourse between the victim who was drunk and the victim who was drunk.

1. Around September 15, 2018, the Defendant had sexual intercourse by inserting the Defendant’s sexual organ on the part of the other victim’s sexual organ on the part of the victim, taking advantage of the state where the Defendant was unable to respond properly to the sound of the victim, by taking advantage of the state where the victim was under the influence of alcohol and was able to influencing the body of the victim, while being able to influencing.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), at the same time and at the same place as the above Paragraph (1) above, taken pictures of the victim’s sexual intercourse by inserting the victim’s sexual organ into the victim’s sexual organ in the form of breath and making it difficult for the Defendant to do so despite sexual intercourse by inserting it into the victim’s sexual organ in the form of the victim’s sexual organ, using a cell phone with the inner function of the camera, and inserting the victim’s sexual organ into

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement of C;

1. C’s statement;

1. The CD in which the suspect taken a video file CD, the CCTV video CD, or the CCTV video file with a F main point, taken by the suspect;

1. The CD-recording file stored by the suspect in a mobile phone;

1. The investigation report (the report on request for appraisal) shall be attached;

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