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(영문) 의정부지방법원 고양지원 2016.05.27 2015고합281
준강간등
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Quasi-rape: (a) the Defendant: (b) exceeded all the clothes of the victim E (V) residing in the studio 39 years of age, living in the studio located in Do at the end of August 2013, 2013; and (c) inserted the victim’s sexual organ into the studio; and (b) had sexual intercourse with the victim by taking advantage of the victim’s state of resistance impossibility.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), took pictures of another person’s body against his/her will, using his/her cell phone, taking pictures of the victim’s sexual intercourse by taking advantage of the victim’s resistance impossible condition at the time and place described in paragraph (1), and taking pictures of the victim’s sexual intercourse with him/her using his/her cell phone, thereby causing sexual humiliation or shame.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by the police for E;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs by cutting off a screen, etc. with a screen of a dynamic image taken by the victim's body or by cutting off a screen with F search;

1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the punishment of each sexual crime (a point of quasi-rape) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera, and choice of each imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crime of quasi-rape which has occurred most recently in the case of the most severe punishment);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant).

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