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(영문) 서울남부지방법원 2015.07.16 2015고합185
준유사강간등
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is a person working as the director in the Guro-gu Seoul Metropolitan Government D'E, and the victim F (V, 27 years of age) is a subordinate employee of the defendant on February 2, 2015.

1. A quasi-Rape Defendant: (a) around 11:00 on March 7, 2015, entered the Defendant’s H K3 car parked on the front side of Yeongdeungpo-gu Seoul Metropolitan Government, which was parked at the Defendant’s H 3 car; (b) on the same day, the Defendant would be able to come to the Defendant’s house by drinking the victim who was frighted due to drinking on the front side of the instant car; (c) under the influence of alcohol, her fingers toward the boom of the victim; and (d) her breasts by entering the Defendant’s act as soon as possible; (d) the victim did not shouldered in the lock; and (e) her fingers were put into the victim’s panty, thereby making the victim’s fingers up with the victim’s panty; and (e) put the victim’s fingers up.

On the other hand, the victim committed an act of putting fingers into a sexual flag by taking advantage of the victim's state of resisting.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., taking advantage of a camera, etc.) put a finger into a negative part by using mobile phone camera functions in possession of the same time and place as the above paragraph (1).

On the other hand, the face of the head and the victim, buckbucks, chests, etc. were taken three times in video.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim F;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (in response to results of requests for appraisal by the National Institute of Scientific Investigation and Investigation), a report on investigation (examination of deleted images), and a report on investigation (verification of suspect images);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using camera, etc. and a choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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