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(영문) 수원지방법원 2020.08.13 2020고합295
준강간
Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On November 3, 2019, at around 02:28, Defendant A, at the PC room located in Masung-si, was flock B, etc., with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s appearance, the victim’s D (a person, fl, and 19 years of age) was under the influence of alcohol. At around 02:32 of the same day, the victim’s sexual organ was inserted into the victim’s sexual intercourse.

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

2. On November 3, 2019, at around 02:46, Defendant B heard that he/she was in contact with the said A, and entered into the said telecom room at around 03:02 on the same day, he/she performed the function of the video of the said mobile phone in order to photograph the body of the victim, who is in a physical condition, using the cell phone camera of the said mobile phone and the Defendant, and installed the victim’s bridge on the bridges adjacent to the said location, and taken a screen of the victim’s body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D;

1. Records of seizure (Submission of such records) (44 pages of evidence), list of seizure (46 pages of evidentiary records);

1. Application of Acts and subordinate statutes, such as a report on internal investigation (Analysis of CCTV image data), investigation report (related to the results of analysis by the Seoul Science Investigation Research Institute), digital evidence analysis report (related to suspect B image), investigation report, copy of the Eel CCTV image photograph, genetic image photo, copy of the legal chemical appraisal document (Evidence Record 124 pages), copy of the criminal suspect's text message received and sent by the criminal suspect B, and a photograph after capturing the video taken by the criminal suspect B;

1. Article 29 of the Criminal Act and Article 299 of the Criminal Act concerning the applicable criminal facts and the defendant A who choose a sentence;

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