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(영문) 의정부지방법원 2020.02.06 2019고합246
준강간치상등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant injured by quasi-rape was a person who operates the “C” main point located at the time of the government of his/her own, and the victim D (the victim D, 51 years of age) was found to be a customer at the above main point on November 19, 2018, and was first known to him/her at the above main point on November 19, 2018, and the Defendant and the victim dact together at the above main point.

At around 02:20 on November 20, 2018, the Defendant had sexual intercourse by inserting the victim’s sexual organ on the victim’s body and inserting panty, and inserting the victim’s sexual organ on the victim’s body and inserting panty in a state of mental disorder.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder of the victim, and due to this, the victim suffered injury such as salt, tension, etc. in the state of light that requires medical treatment for about two weeks.

2. No person shall photograph another person's body against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

Nevertheless, at around 02:22 on November 20, 2018, the Defendant, within the above main point, had sexual intercourse with the victim in the state of mental disorder as described in the above Paragraph 1, and taken two copies of the Defendant’s sound, portrait, face, and photograph of the victim who was suffering from Hashed by using the Defendant’s smartphone camera function.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Police seizure records;

1. Voluntary reports, on-site photographs, reports on results of programs to submit smartphone evidence, gene assessment reports, 112 report processing records, diagnosis records, photographs, victims' carbon analysis reports, recording records, and the application of Acts and subordinate statutes to sound recording CDs;

1. The provision applicable to the crime and the provision of Articles 301 and 299 of the Criminal Act concerning the selection of punishment for quasi-rape.

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