(영문) 인천지방법원 2014.05.15 2013고합705

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(영문) 인천지방법원 2014.05.15 2013고합705

강간등

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A defendant shall be punished by imprisonment for three years.

One smartphone (No. 2) seized shall be confiscated.

80 hours per the defendant.

Reasons

Punishment of the crime

1. Around 23:00 on September 14, 2013, the Defendant, at the “E” club located in Nam-gu Incheon Metropolitan City, drinked alcoholic beverages at the trade name in the “E” club through the Victim F (F, 44 years of age) and her friendship, and the Defendant’s friendship with the Defendant’s friendship. Since then, the Defendant and the victim met the frying alcoholic beverages at the seat of the Plaintiff, the Defendant and the victim went to the “H motherel” located in the Nam-gu Incheon Metropolitan City.

At around 05:00 on September 15, 2013, the Defendant: (a) told the victim, who was drunkly under the influence of alcohol, to “to send the house to the home”; (b) however, the victim “to the end, .................... ;” (c) was forced to put the two arms of the victim into the bed, placed on the bed; (d) the victim, while getting off the bed, made the victim “in the bed, ..............., the victim,” and (d) the victim, who was under the influence of alcohol at the bed, was threatened, by removing all the conspiracys of the victim by a single-use tool, and inserted the finger branch of the fashion in the bed, into the victim’s sexual flag.

The Defendant, by assaulting the victim as above, committed sexual intercourse once after the victim prevented the victim from resisting.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amerasation and photographing) taken the Defendant’s mobile phone with the victim’s cell phone at the time and place specified in paragraph (1) against the victim’s will.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of witness F's legal statement in the third protocol of the trial and details of recording stored in the computer disc;

1. Statement of the police officer to I;

1. Seizure records;

1. Each report on investigation;

1. The assertion by the Defendant of the video CD.

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