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(영문) 대전지방법원 천안지원 2018.12.19 2018고합156
준강간등
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

On July 22, 2015, the Defendant was sentenced to imprisonment with prison labor for two years and six months in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court on July 2, 2015, and four months in relation to sexual support at the Daegu District Court on May 11, 2017, and completed the execution of the final sentence on February 7, 2018.

"Criminal facts"

1. Around July 4, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Quasi-rape and Sexual Crimes (a camera et al.) made a phone call to the Office of Education to the victim on July 23, 2018, in the residence of the victim B (n, 31 years of age) (hereinafter “the victim”), “to make a report on the content of the report to a school violence,” “to prevent anyone from sustaining his/her life if he/she is good,” and “to harm his/her life.” The victim, while drinking alcohol while following the Defendant, she wnddd while the victim was 2 sick and frighted by the victim, the Defendant exceeded the clothes of the victim in a state of impossibility to resist, and taken the victim’s sexual organ 37 seconds, inserted the victim’s sexual organ into his/her phone, inserted it into the victim’s sexual phone, and recorded it into the victim’s sexual phone.

Accordingly, the defendant has sexual intercourse with the victim in a state of resistance, and taken the victim's body against his will that could cause sexual humiliation or shame by using a camera.

2. On July 8, 2018, the Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. repeatedly sent 325 messages, including 86 messages and 239 text messages, including a total of 325 text messages, which cause fears or apprehensions from around that time to 18:46 of the following day, as shown in the attached crime list 1 and 2, such as “Ra received by telephone” using his/her mobile phone on the ground that the Defendant did not receive any telephone at an insular location and that he/she did not receive any telephone.

the victim shall reach the victim.

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