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(영문) 인천지방법원 2018.01.11 2017고합507
강간등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is between the company members with the same workplace rent as the victim C (V, 18 years of age).

1. The Defendant raped on April 7, 2017, at the “E” located in Bupyeong-si D around 19:00 on April 7, 2017, with the victim and the company fellows, and went to the victim under the influence of alcohol by taking a taxi and getting off the taxi together with the victim, the Defendant would not be the victim.

Even after being sealed, physical contact was made by the victim, such as key to the victim.

Around 22:00 on the same day on the 22th day on which the Defendant was getting off the said taxi, she took the victim’s her bet, and she took the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s clothes, but the victim tried to get off the victim’s bet the victim’s hand, and continued to get off the victim’s bet the victim’s clothes, and inserted the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant abused and raped the victim.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.), has stamped the body of the victim on the cell phone (Evidence No. 1) of the Defendant even though the victim refused to do so at the time and place specified in paragraph (1).

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. To describe some of the transcripts of the prosecution against the defendant;

1. Statement made by the prosecution against C;

1. Stenographic records of police with C;

1. A protocol of seizure and a list of seizure;

1. A police investigation report (the confirmation of a suspect A mobile phone phone or recovered photograph, or motion picture);

1. Determination of the Defendant and the defense counsel’s assertion on the mobile phone storage video CD

1. The summary of the assertion is that the defendant has sexual intercourse with the victim, but assaults the victim to the extent that it makes it impossible or considerably difficult to resist the victim.

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