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(영문) 수원지방법원 안산지원 2015.10.16 2015고합198
준유사강간등
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. A quasi-Rape: (a) around 23:00 on June 8, 2015, the Defendant drinked alcoholic beverages together with workplace clubs, including the victim C (n, 20 years of age); (b) around 23:30 on the same day, the Defendant took the victim’s house at the victim’s house located in Sinung City D; (c) on the same day, the Defendant reported that the Defendant was under the influence of alcohol and was locked; (d) on the part of the victim’s clothes, the Defendant took the victim’s breast by putting his finger into the victim’s clothes; and (e) included the victim’s finger and panty knife the part of the victim’s knife with the victim’s finger and panty knif.

Accordingly, the defendant committed similar acts to the victim by using the victim's non-performance state.

2. The Defendant taken the parts of the victim’s sound and legs using smartphones at the above time and place.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police protocol protocol law to C

1. Article applicable to criminal facts;

(a) A quasi-Rape: Articles 299 and 297-2 of the Criminal Act;

(b) Body photographing, such as a camera: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

2. 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 within the extent that the punishment is added up the long-term punishment for a crime of quasi-Rape with heavier punishment);

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend education

5. The Defendant committed the instant crime with impulsely under the influence of alcohol, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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