(영문) 전주지방법원 군산지원 2019.08.01 2019고합94

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(영문) 전주지방법원 군산지원 2019.08.01 2019고합94

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim B (a family, female, 23 years of age) and a legal married couple.

1. Around 01:00 on May 21, 2019, the Defendant exceeded the clothes of the victim on the ground that the said victim had taken out and taken out the body pictures of the victim, using the mobile phone camera functions of the Defendant, on the ground that the said victim had taken out and taken out the body pictures of the victim, in the EE EX car parkeded in the parking lot of “D” restaurant located in Gunsan-si, Gunsan-si.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the mobile phone camera photographing function against his will.

2. In the time, at the time, at the place, as described in paragraph 1, paragraph 1, the Defendant: (a) taken the victim’s face and part of arms in drinking; (b) taken the victim’s face and part of clothes in drinking; (c) taken the victim’s face and part of arms on the ground that the victim refuses it; (d) taken the victim’s face and part of clothes continuously in drinking; (c) cut the victim’s clothes in hand; (d) cut the victim’s clothes in hand; and (e) prevented the victim from resisting the victim in such a manner as to “I would promptly go back the victim’s sex”; (e) cut the victim’s head so as to prompt the victim’s sexual organ; and (e) had sexual intercourse the victim’s body over the victim’s body once.

Accordingly, the defendant raped the victim by assault or intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Each internal investigation report (referred to 6,18,28 Nos. 6, 18, and 28 of the evidence list), application of the Acts and subordinate statutes concerning the analysis

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereafter referred to as "Rape"), and Article 297 of the Criminal Act;

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

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제14조 제1항

-형법 제37조

-형법 제297조

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