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(영문) 창원지방법원 2020.05.07 2019고합242
준유사강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. A quasi-Rape: (a) around 10:00 on August 31, 2019, the Defendant: (b) was placed on the floor of the apartment in which the Defendant was living in Kimhae-si, and (c) was drinking together with the victim C (at the age of 20) who was aware of his/her reputation, and was unable to properly hold his/her body under the influence of alcohol; (b) was laid off on the floor in a state of non-performance; (c) was laid off; (d) the victim’s chest was frightened; and (d) the victim’s chest was frighted; and (d) was laid off with the victim’s panty and panty; and (e) laid off the victim’s chest and panty; and (e) laid the finger into

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, took photographs of the victim’s body using Samsung Gallona S10 cell phones, which was in possession after putting his fingers into the victim’s quality at the time and place specified in paragraph (1).

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the camera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A gene appraisal report;

1. Investigation report (on-site situations and party statements), investigation report (to hear victim's telephone statements);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras, etc. and a choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes to the extent that the punishment is added up the long-term punishment of a crime concerning quasi-Rape with heavier punishment);

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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