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(영문) 대구지방법원 2013.08.16 2013고합74
준강간등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Quasi-rape;

A. On September 21, 2012, the Defendant: (a) around 22:00, around the Defendant’s dwelling room in Busan-si Chum 308, and (b) had the victim E (in female, 21 years old) attending the D University Library Department and the victim was able to rape the victim by using the state in which the victim was unable to resist, under the influence of alcohol.

The Defendant exceeded all clothes of the victim, removed the victim’s conspiracy by using an electrical sponsor, and then inserted the victim’s sexual organ into the part of the victim’s knee, knee and knee the victim, and added the victim’s sexual organ into the part of the victim’s kne.

B. At around 08:00 on September 22, 2012, the Defendant: (a) committed rape by inserting the Defendant’s sexual organ into the part of the victim’s sound, following the victim’s appearance, taking advantage of the victim’s defrising condition that the victim was defrised and did not resist; (b) at the place indicated in the foregoing paragraph (a).

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amera, etc.) taken pictures of the body of another person who is likely to cause sexual humiliation or sense of shame by rapeing the said victim at the time and place set forth in paragraph (1) of Article 1 and taking pictures of the body of another person by using a camera attached to the Defendant’s mobile phone;

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Medical records for victims of sexual assault;

1. Answers on results of digital evidence analysis;

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of records related to the original saw Support Center, etc., and response to requests for appraisal by states and water);

1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11574, Dec. 18, 2012).

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