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(영문) 수원지방법원 안양지원 2018.03.23 2017고합236
준강간등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

[criminal history] On November 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the support for the development of the Suwon prison method, and completed the execution of the sentence on March 15, 2017.

[Criminal facts]

1. On October 28, 2017, the Defendant discovered the victim E (the victim E, her life expectancy, her age 21) who was drunk and walked on the second floor of D history in Ansan-gu, Mayang-si, Mayang-si, Mayang-si, Mayang-si on October 28, 2017, followed the victim by drinking, followed by the victim, and led the victim to a G elementary school located in F in Ansan-gu, 00:56 on the same day.

The Defendant, between 00:56 and 04:30 on the same day, exceeded the clothes of the victim under the influence of alcohol, and laid down the victim’s body on the victim’s body, inserted the Defendant’s sexual organ into the part of the victim’s sound, thereby having sexual intercourse once.

As a result, the Defendant had sexual intercourse with the victim by using the victim's state of impossibility of resistance under the influence of alcohol.

2. From November 5, 2017 to November 19, 2017, the Defendant: (a) taken a 2nd floor large room of D history 10:17, in Annyang-si, Annyang-si, the Defendant: (b) taken a picture of a female victim’s bridge her name, which was short of the Defendant’s blind line direction; and (c) taken a female victim’s bridge her seat with LGG G5 portable camera, the Defendant owned, from November 5, 2017 to November 19, 2017, the part of the bridge of female victims whose name cannot be known more than seven times, such as the list of crimes, in the same manner.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to E (tentative name);

1. Entry of police seizure records;

1. Reports on internal investigation (Attachment to materials on response to requests for appraisal) and investigation reports (victims;

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