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(영문) 서울중앙지방법원 2015.10.02 2015고합500
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Facts of crime

1. A similar rape, robbery Defendant: (a) around 06:00 on May 12, 2015, the victim E (in female, 42 years old) who had been engaged in sexual traffic in Gwanak-gu, Seoul Special Metropolitan City around 06:00, did not engage in sexual traffic even though the Defendant got out of the locked place; (b) caused the victim to have the victim go back to 302; (c) caused the victim by misunderstanding that she would escape without going through sexual traffic, and return the victim to her head to 302; (d) her head to fright her head; (e) cut the victim’s her head; (e) cut the victim’s her neck; and (e) she would die with the victim’s knife. she will die without the victim’s inside; and (e) she also she would have the victim’s flurbling with the victim’s her knife.

Accordingly, the defendant, through violence or intimidation, put a sexual organ into the mouth to the victim, put a part of the body into the resistance, and forcibly taken the victim's property.

2. The Defendant took photographs of the name of the victim, where and at the time and place specified in paragraph (1), and the name of the victim, where the victim is rapidly in the sexual organ of the Defendant by using a camera attached to the Defendant’s mobile phone, and the surface of the victim, where the victim was forced by the Defendant to put his/her finger into his/her negative organ, respectively;

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. Partial statement of the defendant;

1. Legal statement of the victim;

1. Mobile images stored in the suspect's cell phone (No. 10 No. 545, Mar. 1, 20

1. Application of the existing legislation of No. 1 ( smartphones) 1.

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