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(영문) 서울남부지방법원 2018.04.12 2017고합455
강간등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

1. Around March 14, 2017, at D coffee stores located in Yangcheon-gu Seoul, Seoul around 12:00, the Defendant talked about the reasons why he she endeded the victim E (V, 25 years of age) who was hedgingd from November 1, 2016 to March 1, 2017. However, he saw her phone with a victim’s portable phone, and instead, she took the victim into the Defendant’s residence in Yangcheon-gu Seoul Metropolitan Government F and 201.

On March 14, 2017, at around 14:00, the Defendant listened to the horses of the victim from the victim from his domicile, and made the victim's left knife one time with his knife, and "Irnn's knife, knife his knife, so I would like to be a woman within her mother.

“In doing so, after suppressing the victim’s resistance, the victim’s sexual organ was imprisoned into the victim’s sound and resistance, and subsequently, she raped the victim.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.), took video pictures using one cell phone (Evidence No. 1) function of his cell phone without the consent of the injured party, such as the victim’s sound, eye, face, etc. who was raped and was off his clothes, at the time, place, and without the consent of the injured party.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Entry of part of the witness E in the first trial record;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to a complaint, a recording file submitted by a victim, CD and recording;

1. Article 297 of the Criminal Act applicable to the crime, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act on Punishment of Sexual Crimes") (the fact of taking photographs, such as cameras, the selection of punishment of imprisonment), and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Aggravation concurrent crimes;

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