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(영문) 수원지방법원 2014.06.19 2014고합156
준유사강간등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. A quasi-Rape on March 8, 2014, around 23:15, the Defendant committed a quasi-Rape to the victim by repeatedly inserting the Defendant’s fingers during the victim’s sexual age by using the victim’s friendly sexual intercourse victim E (here, female, 26 years old) who was travelling together at the “D” guest room located in the Gyeonggi E-si in the game in the game in a manner of repeatedly inserting the Defendant’s fingers in the victim’s sex.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) taken photographs of the victim’s fingers by inserting his fingers into the victim’s sexual organ in the victim’s sexual organ during the period when and at the same time, using the recording function of dynamic images of mobile phones held by the said victim E;

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. A report;

1. Records of seizure, list of seizure, voluntary submission, waiver of ownership, and cell phone pictures of the seized cell phone;

1. Investigative reports (Attachment of damaged video CDs), screen pictures and documentary evidence photographs;

1. Application of the existing laws and regulations of an interview (LG-F100 S) with seized ELS observers (No. 1);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras, etc. and a choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating of concurrent crimes within the extent that the punishment is added up the maximum term of the crimes above the punishment determined for quasi-Rape with heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Punishment of orders to attend lectures or orders to provide community service sexual crimes;

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