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(영문) 서울동부지방법원 2019.05.24 2019고합76
준유사강간등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A quasi-Rape Defendant: (a) from October 20, 2018 to 06:15 on the same day, from around 05:05 to around 06:15 of the same day, left off all clothes of the victim D (names, inn and inn) under the influence of alcohol in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) taken off the victim’s face, chest, etc.; (c) added the Defendant’s face into the Defendant’s sexual flag; and (d) inserted the Defendant’s fingers into the Defendant’s sexual flag during the victim’s sexual flag while the victim has retired from office under the influence of alcohol.

Accordingly, the defendant committed an act of inserting part of the body of the defendant such as fingers into the victim's sexual intercourse by taking advantage of the victim's mental disorder or impossible to resist.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) exceeded the clothes of the said victim under the influence of alcohol at the time and place specified in paragraph (1), and taken photographs using the Defendant’s cell phone camera to photograph the rear panty system of the victim panty, cut off the victim’s panty system with the Defendant’s cell phone camera, taken photographs of the panty system, taken the victim’s body back, taken the victim’s panty system back, taken the panty system back, taken the victim’s body back on the part of the

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Maur receipt, victim photograph, country and response to request for DNA appraisal; and

1. A CD-storage CD or digital siren-type data;

1. Investigation report (Attachment of E dialogue between the Suspect and his/her friendship), investigation report (on the spot search investigation: inside and outside the scope of “Bel” and CCTV image-related), investigation report (in the case of analysis of extraction results of digital evidence analysis), investigation report (in the case of hearing the statement of the appraiser);

1. Application of each existing Act and subordinate statute of Samsung Tallon S8 (No. 1) and one core chip (No. 2) seized;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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