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(영문) 대전지방법원 2020.05.07 2020고합73
준강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. Around 00:30 on January 2, 2020, the Defendant, while talking with the victim D (the name, the 18-year old age) outside of the main place of the C located in Sejong in Sejong, was aware that it is difficult for the victim to take the body by drinking her, making the victim her spare with her body, she spared with her body, and she she spared into the building behind the building of the E apartment 100-meter away from 100 meters away from her human body, and she anticipated the victim to take the her sexual organ back to the wall of the building, she gets the victim's sexual organ into the victim's entrance, she gets off both the victim's will and panty, and inserted the Defendant's sexual organ into the part of the victim's sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. The body of a person shall not be taken against the will of the person subject to photographing, using a camera, etc., who has violated the Act on Special Cases concerning the Punishment, etc. of Crimes of Sexual Crimes or other mechanical devices equipped with similar functions;

Nevertheless, at around 00:40 on January 2, 2020, the Defendant put the Defendant’s sexual organ into the victim’s entrance, such as the latter part of the E apartment Fdong building at Sejong-si, and taken the image into the Defendant’s cell phone camera.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol concerning G, H, I, and D;

1. A report on the occurrence of a crime (rape-rape), a 112 reported case processing table, a internal investigation report (as to the situation of the victim), field photographs, CCTV photographs, five copies of a response to the request for appraisal, a report on analysis of digital evidence, a report on the analysis of digital CCTV image, a CD, and a photograph of capturing CCTV;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 29 of the Criminal Act applicable to the crime, Articles 299 and 297 of the Criminal Act, and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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