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(영문) 서울동부지방법원 2015.10.22 2015고합107
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The same year from around 04:00 on July 3, 2014 to the defendant who has violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras, use and photographing);

7. From 05:00 to 05:00, on the rooftop of the building located in Gangnam-gu Seoul Metropolitan Government, the victim’s body was taken against the victim’s will, by means of the Defendant’s gallon, which caused sexual health, such as the shape of the body of the victim’s body, in which it is impossible to know his name through the windows opened by the F Public Notice Board located in the same Gu E, a building that is adjacent to the Defendant’s gallon

2. A quasi-Rape: (a) around October 25, 2014, from around 06:30 to around 06:45, the Defendant got out of the victim I (the age of 28), who was diving in the “H” letter or the public room located in Young-si, Young-gu, Gyeonggi-gu, Gyeonggi-do; (b) taken advantage of the victim’s refusal to resist; (c) taken advantage of the victim’s failure to resist, taken the victim’s hand back to the victim; and (d) taken the victim’s hand into the part of the victim’s drinking, and her fingerd into the part of the victim’s drinking.

3. From around 05:20 on November 1, 2014 to 06:30 on the same day, the Defendant committed an indecent act by compulsion by force by force by force, after taking out the Defendant’s sexual organ exposed to the tear, such as the victim’s head, etc., by taking advantage of the victim’s state of refusal to resist and taking advantage of the victim’s condition of escape, and taking out a so set soup at the victim L (the 39 years old, the 39 years old, and the 2nd ground surface room in Songpa-gu, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol against the accused;

1. Each police statement made to L/I;

1. A LA statement or I's petition;

1. 20 copies of CCTV, such as CCTV photographs, photographs of on-site CCTV data, and four on-site photographs;

1. Submission of materials (such as a certified copy of the card’s resident registration) and a certified copy of a request for cooperation in investigation;

1. Each investigation report (the sequence 7, 8, 10, 33 in the list of evidence);

1. Each report on internal investigation (the No. 12, 15, 16, 18, 20, 22, 23, 25, 28 of the evidence list);

1. Application of CCTV video CDs and on-site CCTV laws and regulations 1.

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