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(영문) 서울동부지방법원 2017.05.12 2017고합51
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 C taxi engineer, and the victim D (23 years, women) is a person who was a passenger of the above taxi operated by the defendant.

1. A thief, around December 4, 2016, at around 05:45, the Defendant: (a) parked in the instant taxi that was parked in the fladial Driner of Gangdong-gu Seoul Metropolitan Government E regularly; (b) destroyed the gap in which the victim spawns and spawns, from the bank of the victim, the Defendant stolen the 800,000 son’s market price and the resident registration number that was owned by the victim.

2. Violation of the Act on Special Cases Concerning Rape Rape and the Punishment, etc. of Sexual Crimes (Use Screening including Cameras) the Defendant, at the time and place set forth in paragraph 1, made panty and conspiracy open to the bottom of the upper half of the panty of the victim who was under influence of alcohol at the top of the above taxi, exposed the panty and conspiracy, exposed to the brode by raising the panty, and taken photographs of the parts, including telegraph, chest, and fry, using the Defendant’s smartphone camera.

The Defendant continued to set the victim's left chests of the victim's left chests up 2 times with the victim's hand that the victim did not have a breath while under the influence of alcohol, and laid down the victim's hand on the part of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using smartphones with a camera function against his will, and took the victim's body against his will, using the victim's resistance impossible condition, and boomed the victim's fingers into the quality of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Written statements prepared in D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (execution of a warrant of search and seizure and replies), investigation reports (verification of logs in the C taxi business and hearing statements by victims), and seizure records;

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment (abstinance, choice of imprisonment), Articles 299 and 297-2 of the Criminal Act (abstining quasi-Rape), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (abstining the use of a camera, etc.).

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