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(영문) 대전지방법원 2013.06.28 2013고합206
강간등
Text

A defendant shall be punished by imprisonment for six months.

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. On March 7, 2013, at around 04:30, the Defendant placed DNA 308 in Daejeon Jung-gu, Daejeon, and the victim E (n, 29 years old) in a state of being drunked, in the shape of a sloping up to the right angle, the Defendant taken the back sloping of the victim, such as a bridge, tack, tack, etc., using a cell phone camera, and sent them to the Defendant-friendly F by using a cell phone text message, taken the body of the person who may cause sexual humiliation or sense of shame, against the Defendant’s will, and provided the above F with the photograph.

2. The Defendant taken the body of a person, at the time, at the time, at the place, as described in paragraph 1, who was unable to be able to be able to be able to have a breath on the bend, left all clothes on the bend, and taken one time of sexual intercourse using a mobile phone camera, and taken the body of the person who may cause sexual humiliation or sense of shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement E of each police statement of E and F contains the “statement” in the evidence list, but it appears to be a clerical error.

(Evidence Records 17-32 pages) Each statement

1. All images of the victim and the Handphone photographs;

1. Application of the Acts and subordinate statutes stating that the seizure of one mobile phone LG (11326) from the defendant among the police seizure records;

1. Article 13(1) of the Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on the Punishment, etc. of Sexual Crimes”) applicable to the relevant criminal facts and the selection of punishment, respectively.

1. Of concurrent crimes, the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras, Use and Screening of Cameras, etc.)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The community service order and the like;

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