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Reasons
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(영문) 대전지방법원 2016.12.08 2016고합318
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)등
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A defendant shall be punished by imprisonment for four years.

Seized LG G5 (Evidence 1) shall be confiscated.

Sexual assault, 40 hours against the defendant.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or quasi-rape) between victim D (a person, 22 years of age and 22 years of age) and place of work.

On August 9, 2016, around 00:10 on August 9, 2016, the Defendant, in front of the victim’s house located in Daejeon Seo-gu E, was trying to enter the house of the victim and came to know of the current password while entering the victim’s house with a view to sexual intercourse with the victim, and opened the above password with a view to having sexual intercourse with the victim, using the victim’s macy and panty in the state of being able to resist and resist in the living room.

Accordingly, the defendant violated the victim's residence, and has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took photographs and videos containing the victim’s known body pictures and images against the victim’s will, using the Defendant’s cell phone camera function, to have sexual intercourse with the victim temporarily and at the same time and at the place specified in paragraph (1).

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Ratification (two cases, such as a letter of request for appraisal);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act, Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a point of using cameras, etc. and a choice of imprisonment);

1. Article 37 of the Criminal Code among concurrent crimes.

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