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(영문) 수원지방법원 2015.10.20 2015고합412
유사강간등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

The defendant shall be treated with sexual assault for 80 hours.

Reasons

Punishment of the crime

1. At around 23:00 on June 24, 2015, the Defendant forced the victim E (n.e., f., f., f., f., f., f., f., f., f., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c., c.

Accordingly, the defendant forced the victim to commit self-defense.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken pictures of the body of the victim against his/her will, using the camera functions of a mobile phone (Evidence No. 1) in possession of the victim who takes a crypt act to drink him/her, at the same time and place as described in paragraph (1), such as the date and place as described in paragraph (1), and as described in paragraph (1);

3. Similar rape: (a) the Defendant, at the same time and at a place as described in paragraph (1), committed similar rapes against the victim by putting the victim frightened on the victim’s intimidation, such as the statement in paragraph (1), on the part of the victim, putting the victim’s fingers into the part of the victim’s sound.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police investigation report;

1. Statement of police seizure;

1. A report on the analysis of digital evidence;

1. Application of statutes on site photographs;

1. Relevant Article 324 of the Criminal Act, Article 324 of the choice of punishment against the crime, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing a camera and the choice of imprisonment with prison labor), Article 297-2 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the sum of the long-term punishments in each of the crimes above] and Article 50 of the Criminal Act;

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