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(영문) 청주지방법원 2017.12.22 2017고합262
준강간등
Text

A defendant shall be punished by imprisonment for three years.

When the seized Samsung Tallon ju (No. 1) is confiscated, one S8 Plus (No. 1) is confiscated.

Reasons

Punishment of the crime

1. Around 20:00 on September 26, 2017, the Defendant, on the front of the cafeteria “E” restaurant located in Cheongju-si, Chungcheongnam-gu, Cheongju-si, had the victim F (tentative name, 40 years of age) committed sexual intercourse with the victim who was under the influence of alcohol at the back seat of G business-use taxi that the Defendant was driven by the Defendant, and had sexual intercourse with the victim at H “I” located in Cheongju-gu, Cheongju-si, Cheongju-si, with the victim’s clothes at around 20:40 on the same day.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's intoxicated condition.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) the Defendant took a photograph of the victim’s body against the victim’s will, at the time and place described in paragraph 1, by using the Defendant’s smartphone (S8 Pallon jus, Samsung Gallon (S8 Pallon, No. 1) camera devices, and by photographing the victim’s body pictures as stated in paragraph 1, which might cause sexual humiliation or shame.

3. The Defendant: (a) carried out a thief with a thief with a stief equivalent to KRW 500,000, and a stief with a stief equivalent to KRW 500,000, market price, which was owned by the victim, who was locked by a person who was under influence of alcohol at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, J, and K;

1. Each protocol of seizure and each list of seizure;

1. A photograph of seized articles, a photograph of a Moto CCTV course, a report on investigation (investigation into the situation of the moving of a victim into the taxi), a report on investigation (investigation into the situation of moving into the taxi), a photograph of seized articles, and a photograph of the victim's body;

1. When seized Samsung gallon (No. 1) is applicable to existing Acts and subordinate statutes of S8 Plus (No. 1);

1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act regarding criminal facts, Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the use of cameras and others, the choice of imprisonment), and Article 329 of the Criminal Act (the intention of Section 329, the choice of imprisonment).

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