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(영문) 대구지방법원 서부지원 2019.01.31 2018고합239
강간등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

From 2013 to 49 years of age, the Defendant was in a relationship with the victim B (a family name, a female, 49 years of age). From May 2018 to 2018, the Defendant did not have any good balance while demanding the hedging of the victim.

1. Rape;

A. At around 19:00 on June 8, 2018, the Defendant sent text messages, such as “I ambling the victim’s sexual intercourse, I ambling the victim’s sexual intercourse,” and “I ambling the victim’s sexual intercourse, I ambling the victim’s sexual intercourse,” and sexual intercourse against the victim’s will after I ambling the victim’s family members of the victim’s sexual intercourse, as described in paragraph 2 of the following 2:

B. Around 19:00 on June 12, 2018, the Defendant threatened the victim at the place under the preceding paragraph in the same manner as that under the preceding paragraph, thereby having sexual intercourse against the victim’s will and rape.

2. On May 18, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took pictures of dynamics with the Defendant’s cell phone from the victim’s location while having sexual intercourse with the victim, and continuously took pictures of the victim’s body as a dynamic image even though the victim was aware of it.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phones against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation report (attaching text messages, etc. confirmed by digital evidence analysis);

1. Application of the statutes on details of letters;

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

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