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(영문) 서울남부지방법원 2020.05.21 2020고합114
준강간등
Text

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

The defendant shall be ordered to complete the sexual assault treatment course for 40 hours.

Reasons

Punishment of the crime

On September 26, 2019, the Defendant was aware of the victim B (the name, female, and 20 years of age) and the Defendant was able to drink with the Gangseo-gu Seoul Metropolitan Government MaurD.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. At around 04:09 on September 26, 2019, the Defendant taken photographs of the body of the victim who was divingd by using the Defendant’s cell phone camera from the victim’s cell phone No. D, thereby causing sexual humiliation or humiliation against the victim’s will.

B. From 04:11 to 04:13 on the same day, the Defendant continuously taken pictures of the body of the victim who could cause sexual humiliation or humiliation against the victim’s will by taking pictures of the victim’s sexual organ in which the Defendant locked by using the Defendant’s mobile phone camera from the victim’s cell phone d on three occasions.

2. Around September 26, 2019, the Defendant, at around 04:30, had sexual intercourse with the victim by inserting his or her sexual organ into the victim’s sexual organ and inserting his or her sexual organ continuously in the victim’s sexual organ under the influence of alcohol on September 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing the 112 Report Report, on-site photographs, investigation reports (related to the suspect mobile phone investigation), photographs, CDs, criminal investigation reports (related to national and fisheries survey reports), replys to respective requests for appraisal, investigation reports (Attachment to the 112 Report Processing Statements), and the 112 Report Handling Reports;

1. Relevant Articles of the Act on the Punishment, etc. of Sexual Crimes, Articles 299 and 297 of the Selective Act, Article 14(1) cameras, etc. of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and comprehensively, the defendant has the criminal intent pending in a single opportunity and is close to the time;

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