(영문) 서울중앙지방법원 2017.10.20 2017고합684

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(영문) 서울중앙지방법원 2017.10.20 2017고합684

강간치상등

Text

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

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

1. On May 21, 2017, the Defendant: (a) visited the “D club” located in Gangnam-gu Seoul Metropolitan Government on May 21, 2017; (b) discovered the victim E (the 20 years old), who was drunk in front of the said club, and cannot properly take the body of the victim due to alcohol in front of the club while returning home; (c) laid the victim at the defendant’s house located in Seocho-gu Seoul Metropolitan Government F, and laid the victim out of the victim’s clothes, and then laid the victim out of the victim’s clothes, “not me off”; and (d) took the victim’s face against the victim’s resistance that could not properly resist the victim’s body under the influence of alcohol; (d) putting the victim’s negative and the Defendant’s hand in the front part of the club and the Defendant’s hand in the taxi; and (e) let the victim take the victim’s mouth and the Defendant’s hand in the middle part of the vessel in need of treatment of the victim’s mouth and the victim’s finger.

As a result, the defendant kidnapped the victim for the purpose of sexual intercourse, forced indecent act against the victim under the influence of alcohol, thereby causing the injury to the victim.

2. Around 08:31 on the same day as paragraph (1) of this Article, the Defendant, at the above Defendant’s home, taken video pictures for about 7 minutes of the victim’s 3-minutes, who was in the lower Defendant’s possession of the Defendant using the camera functions of cellphone 6 flus smartphones, and who was in his/her mouth off, and was in his/her mouth off to the bed.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. Protocols of seizure;

1. A report on internal investigation (related to the verification of CCTV near the scene of occurrence), a report on internal investigation (related to the diagnosis submitted by the victim), a report on internal investigation (related to the photographs of the victim's parts of damage), and a report on investigation (related to the suspect);

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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