(영문) 부산지방법원 2014.01.10 2013고합681

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2014.01.10 2013고합681

준강간등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

One (No. 1) on the seized mobile phone shall be confiscated.

For the defendant.

Reasons

Punishment of the crime

1. Around 01:00 on December 17, 2012, the Defendant discovered that the victim E (V, 17 years of age) under the influence of alcohol was seated in front of the end of the package of the D bus located in Busan-gu Busan-gu, Busan-do, and accessed the victim, saying, “I am fine and house anywhere,” left the victim’s residence, and went back to the residence of the Defendant F and A. 159 of the former F and A. 159.

The Defendant: (a) placed the victim on a bit lease on one’s own room; (b) placed the victim on the part of the victim in mind that the victim was drunk and was able to rape the victim by using insane condition; and (c) tried to get off the victim, but the victim stated that “the victim would not have been able to do so,” and refused to engage in sexual intercourse, and “the victim would be able to continue to be able to be able to do so; (d) cut off the victim’s chest and under the part of the victim; and (e) placed the victim’s chest into the part of the victim, and had sexual intercourse once with the victim by inserting the Defendant’s sexual organ into the part of the victim.

On the other hand, the defendant continued to talk with the victim's sound, and collected the defendant's fingers into the victim's sound book, and repeated the victim's fingers.

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

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken pictures of the victim’s face, negative, and sexual intercourse with the victim under the influence of alcohol using the Defendant’s mobile phone (Evidence No. 1) camera, while having sexual intercourse with the victim at the above time and at the above place.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. Seizure records;

1.The application of the police investigation report (the victim photograph of a response to regional administrations) legislation.

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