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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
1. On April 28, 2014, around 04:23, the Defendant: (a) had sexual intercourse once with the Defendant in the Domote room located in Busan East-gu, Busan-gu, where the victim E (V, 22 years of age) had drinking together prior to drinking alcohol, so that the victim E (V, 22 years of age) did so by drinking alcohol, and did so.
Therefore, the Defendant quasi-rapeed the victim.
2. The Defendant, at the above date, at the above time, and at the place, taken a cell phone screen function of the Defendant, and sexual intercourse with the victim.
Thus, the defendant took photographs of another person's body, which may cause sexual humiliation or shame, against his will, using devices with a camera function.
3. On July 2014, the Defendant sent the images of the video taken by the victim to a mobile phone at the closed and scarcity of July 2014, 2014, and then threatened the victim by giving the victim a fluencing video as if the victim were to spread the said images if the victim refused the Defendant’s request.
4. 피고인은 2014. 8. 6. 01:20경 불상지에서 피해자에게 휴대전화 문자메세지로, “기분 더러운데 솔직히 니랑 섹스하고 싶다.”며 위 1.항과 같이 촬영한 동영상의 캡처 사진을 전송한 후 피해자가피고인의 전화를 받지 않자, “F대 ××학과 E 동영상 떴습니다 다운 많이 받아주세요.”, “그래 계속 쌩까라.”, “그냥 업로드 해야겠다, 받지 마라.”, “E아 F대 니 취직도 시집도 못가게 해줄게.”, “셋째 주 주말에 대실 잡고 섹스하자 그때 원본 지워줄게.”라는 문자를 계속 전송하여, 마치 피해자가 피고인의 요구를 거절하면 위 동영상을 유포할 것처럼 겁을 주어 피해자를 협박하였다.
Summary of Evidence
1. The defendant's partial statement recognizes crimes of paragraphs 2 through 4 of the Judgment on Court Statements.
1. The witness E’s legal statement 1.