logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.11.06 2020고합274
준유사강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is between the victim B (the family name, the female, the age of 34) and the first accident.

On April 9, 2020, from around 03:18 to 07:43 on the same day, the Defendant exceeded the clothes of the victim who was divingd in the state of her being scamed, and laid off the scam from the scam of Songpa-gu Seoul, Songpa-gu, Seoul, and took the scams above, and scambling the scams of the victim, and scam the scams of the victim by gathering the scams from the scams of the victim, and similar raped the victim by using the cell phone camera of the Defendant.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the body of the victim, such as a camera or other similar mechanism with similar function, using the victim's mental or physical state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Voluntary reporting of police statements made by the defendant on the defendant's legal statement B, investigation reports (Analysis of suspect's photographs), seizure records, investigation records, digital evidence analysis of seizure records, application of reporting Acts and subordinate statutes as a result of the analysis of digital evidence of seizure lists;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 297-2 of the Criminal Act that choose a punishment (the point of quasi-rape) and Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes (amended by Act No. 17264, May 19, 2020) (the point of using camera, etc. and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments in the crimes of quasi-rape which are heavier than the punishment];

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the Defendant’s age and the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).

arrow