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(영문) 광주지방법원 2018.05.04 2018고합110
강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant has hedginged with the victim C (n, 21 years old) and from October 8, 2016 to October 17, 2017, and now reconvened with the victim.

1. Around October 16, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), took a dynamic image image of the Defendant, who had sexual intercourse with the victim at the trade influorite-dong, Seo-gu, Gwangju, by taking the Defendant’s 6S cell phone that was located next to the victim as his/her hand, while having sexual intercourse with the victim at the store located adjacent to the victim.

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

2. In around 10:00 on April 15, 2017, the Defendant: (a) sent sexually related videos taken by the Defendant with the victim’s consent at the time of the victim’s expulsion from the victim to the parent of the victim; (b) threatened the victim with the victim to the effect that he would put the same video into E, thereby preventing the victim from resisting; (c) allowed the victim to be off the clothes; (d) the Defendant allowed the victim to be kel down in the toilet door while being kel down; and (d) continuously allowed the victim to act as a knee in the toilet door; and (e) the victim “I kick off the bridge,” and the victim raped the victim by inserting the victim’s sexual organ into the victim’s body by inserting it on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared by C;

1. Application of Acts and subordinate statutes to investigation reports (to hear the suspect's friendship at the time of F) and recording files;

1. Relevant legal provisions and special cases concerning the punishment, etc. of sexual crimes subject to the choice of punishment against criminal facts;

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