(영문) 인천지방법원 2019.03.29 2019고합9 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.03.29 2019고합9

유사강간등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant and the victim B (for example, the age of 23) are between the defendant and the victim (for example, the age of 23) through introduction app around September 16, 2018.

1. In September 18, 2018, between September 20, 2018 and 22:00 of the same day, the Defendant: (a) was in Yeongdeungpo-gu Seoul Metropolitan Government; and (b) 2 studs of “Dnoogle” with the victim, and (c) was in line with the victim’s entrance alcohol; (d) was discharged from the victim’s will and clothes with his hand; and (e) was inserted into the victim’s back and the part of the victim’s anus.

Accordingly, the Defendant raped the victim.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken photographs of the victim’s negative part by reporting the victim’s panty immediately after the crime was committed at the time and place specified in paragraph (1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against the victim's will.

The crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) reaches the number of pages by inputting image data on films or storage devices located in a camera or any other machine with similar functions (see Supreme Court Decision 2010Do10677, Jun. 9, 201). According to the investigation report (written result of appraisal, a siren as a result of a motion). However, according to the digital analysis document attached to the investigation report, a photograph taken by the victim is not deleted and restored. However, according to the digital analysis document attached to the investigation report, the file deleted by the data encryption can not be restored if the defendant used, the defendant was aware that the victim taken the part of the victim by using the cell phone, and the victim also made a statement corresponding thereto.

참조판례

-대법원 2011. 6. 9. 선고 2010도10677 판결

유사 판례

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