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(영문) 대구지방법원 김천지원 2018.04.03 2017고합123
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

Sexual assault against the defendant for 120 hours.

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. At around May 27, 2017, the Defendant taken four times against the will of her woman a part of the victim’s panty and mare in the victim’s cell line, which may cause sexual humiliation by using the victim’s tasks or locked conditions in the victim’s cell line, at around 18:00 on May 27, 2017, where the victim’s panty and mare in the same division of the victim C (n, 20 years of age) and the university.

B. On June 21, 2017, at around 05:23:05:33, the Defendant taken the victim’s chest and panty parts over three times against the victim’s will, by taking advantage of the condition under which the victim was locked, who exceeded the victim’s upper and lower parts, and who could cause sexual humiliation by the Defendant’s cellular phone, with the victim’s cell line, and which might cause sexual humiliation.

2. Quasi-rape;

A. On June 15, 2017, around 15:00, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s potential state when the victim was locked, with the intent of having sexual intercourse with the victim by taking advantage of the victim’s state of resistance, exempted the victim’s load, inserted the female self-defense body into the victim’s sound part, inserted the Defendant’s sexual organ into the victim’s sex organ, and inserted the victim’s sexual organ into the victim’s sex organ.

B. On June 21, 2017, around 05:55, the Defendant: (a) committed sexual intercourse with the victim by taking advantage of the victim’s potential state when the victim was locked; (b) exempted the victim’s name and the load; (c) obstructed the victim’s chest and the sound with the Defendant’s hand and the Defendant’s injury; and (d) inserted the victim’s self-defense organ into the victim’s sound book and inserted the Defendant’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes, such as a report on investigation, on-site photographs, and photographs of victims;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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