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(영문) 광주지방법원 목포지원 2016.07.21 2016고합37
준유사강간등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On April 28, 2015, around 14:30, the Defendant taken the image of the victim E (the age of 43) (the age of 43) who was in a state of body using the Handphone function at “D” Mapo-si located in “D” telephone C, without the consent of the injured party.

B. On September 19, 2015, the Defendant taken pictures using a Handphone camera function, without the consent of the injured party, on the part of the victim, who is staying in the body of the victim at his house located in F at his own house, around 03:37 on September 19, 2015.

2. A quasi-Rape: (a) the Defendant, at the time and time of paragraph (b) of the above Article 1, included fingers in the part of the victim’s sound records, and used the victim’s resistance impossible condition to resist; and (b) committed similar rape.

3. On December 31, 2015, around 04:30 on December 31, 2015, the Defendant sent his/her sexual photograph to the victim, along with the text message stating “picker Report risk”, with a view to inducing or satisfying his/her or another person’s sexual desire at his/her home, so that he/she could cause sexual humiliation or aversion by transmitting his/her sexual photograph to the victim’s handphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Each investigation report (with respect to the interview by the injured party to take a photograph and CD, the capture of screen pictures taken by him/her, and with respect to the verification of the hold in which screen pictures are recorded, digital siren mobile analysis data);

1. Application of Acts and subordinate statutes, such as letters sent to the victim;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using a camera and choice of imprisonment with prison labor), Articles 299 and 297-2 of the Criminal Act (a point of quasi-rape) of the Criminal Act, and special cases concerning the punishment, etc. of sexual crimes.

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