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(영문) 서울동부지방법원 2014.03.27 2013고합354
준강간미수등
Text

1. The defendant A shall be punished by imprisonment with prison labor for four years and by imprisonment for two years and six months, respectively;

2. During the seized Samsung Tallon, S3 Certificate.

Reasons

Punishment of the crime

1. Defendant B

A. A. Around 05:00 on August 18, 2013, the Defendant: (a) promised to contact the female her mother of the Victim E (n, 25 years of age) with the female her mother; (b) her female her mother, such as the Defendant’s her mother, and her female her mother at the main point of “G” located in Gangdong-gu Seoul Metropolitan Government F, and the victim was under the influence of alcohol.

After that, on August 18, 2013, the Defendant: (a) at the time of the victim’s house located in Gangdong-gu, Seoul, the Defendant confirmed that the victim was locked; (b) raised the victim’s name to panty; and (c) exceeded panty; and (d) sexual intercourse once with the victim.

As such, the Defendant had sexual intercourse once by taking advantage of the victim’s potential to resist.

B. On August 18, 2013, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken a photograph of the victim’s her am and her part, who had sexual intercourse with the victim at the house of the victim E (at 25 years of age), using the cell phone’s camera function after having sexual intercourse with the victim, against the victim’s will.

The Defendant taken the body of the victim, who may cause sexual humiliation or shame, using the mobile phone camera function, against his will.

2. Defendant and the respondent for an attachment order (hereinafter referred to as “Defendant”) A

A. The Defendant, along with B, etc. on August 18, 2013, as set forth in paragraph (1) of Article 1, drinked alcohol at the victim E (n, 25 years of age) and his/her female life at the main point of “G” located in Gangdong-gu Seoul Metropolitan Government, and the victim was under the influence of alcohol.

After that, on August 18, 2013, the Defendant was divingd at the home of the victim located in Gangdong-gu Seoul Metropolitan Government on August 18, 2013 by taking advantage of the situation where the victim was unable to resist.

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