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(영문) 수원지방법원 평택지원 2016.11.30 2016고합54
준강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

"2016, 54"

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims D (Ameras, Use and photographing of Cameras);

A. On January 19, 2013, at around 14:25, the Defendant taken photographs of the victim D’s balone who was unable to resist as above by using his/her smartphone camera function in the room where the victim D (at the age of 32) located in G located in the 8th floor of the F building in the area of Sungnam-si, Sungnam-si.

Accordingly, the defendant taken photographs against his will that could cause sexual humiliation or shame.

B. On January 31, 2016, the Defendant had access to the Defendant’s account on the Internet Isite via a computer at the Defendant’s residence located in the H 904 Dong 302-dong around 22:00 to 23:00, and the above A.

After shooting the victim D, it was allowed for many and unspecified persons to view the victim's b body photographs on the bulletin board, which were kept in the outer b body flag after shooting the victim D.

Accordingly, the Defendant displayed the body photographs of the victim, which could cause sexual humiliation or shames taken against the victim’s will, openly.

2. Crimes against K of Victims;

A. Around March 10, 2013, the Defendant: (a) around 12:06, in a room where the victim K (n, 30 years of age) located in G located on the eightth floor of the F Building in the Mannam-si, Sungnam-si, Manam-si (hereinafter “Man-gu”) and the victim, drinking alcohol together with the victim; (b) had the victim, who was unable to resist due to an influencing cause; and (c) was exempted from all the part of the victim’s load; and (d) inserted the sexual organ into the part of the victim

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

B. The defendant is a defendant who violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.).

A victim K who is unable to resist with his own smartphone functions at the time and at the place of port.

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