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(영문) 대구지방법원 김천지원 2015.11.24 2015고합114
강간치상등
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is a person who has been in a relationship with the victim C (V, 25 years of age) and a person who had been in a relationship with the police officer from December 2, 201 to June 2014.

1. They shall not photograph the body of another person against his/her will, using machinery and equipment having a similar function, such as a camera, etc. against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may cause sexual humiliation or sense of shame;

A. On June 22, 2014, around June 22, 2014, the Defendant, at a room where, around 19:27, it is difficult to find out that the Defendant had sexual intercourse with the victim and had a dynamic image taken by the Defendant.

While the victim shows a shower, the defendant set the smartphones of the defendant in the line of the victim, and operated the video, taken the image against the victim's will in a way that sexual intercourse with the victim.

B. On July 11, 2014, around 06:52 on July 11, 2014, the Defendant, at a room where it is impossible to find out the care room in the Felel D, the Defendant, while drunk, taken a photograph against the victim’s will by opening the Defendant’s smartphone on the part of the telecomer, and operating the video to put the Defendant’s smartphone on the part of the telecomer, and taking the victim’s sexual intercourse with the victim.

C. On September 10, 2014, around September 22, 2014, the Defendant, at around 22:07, in a room where it is impossible to identify the head of the HMoto G located in the Gu, Si, Si, si, and Gu, the Defendant, while under the influence of alcohol, taken a picture against the victim’s will by setting the Defendant’s smartphone on the part of the telecomer, and by operating the video, setting the Defendant’s smartphone on the part of the telecomer, and then setting the head of the sexual relationship with the victim.

2. The defendant is in violation of the Punishment of Violences, etc. Act (Habitual intimidation) and the video images taken by the victim of a sexual intercourse with the victim as described in the above paragraph (1) after they were taken by the police officer on June 2014, shall be viewed as the mobile phone of the defendant.

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