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(영문) 부산지방법원 2020.04.03 2019고합623
준강간등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On May 4, 2019, at around 23:00, the defendant moved the victim D (the 22 years of age, the 22 years of age, the Gain) to the Felb "Eel" room in the same Gu, with the first met of the victim D (the 22 years of age, the Gain).

1. Around May 5, 2019, the Defendant had sexual intercourse with the victim’s sexual organ inserted his or her sexual organ in the “Eel” F room at the time of her self-defluence on May 5, 2019.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, had sexual intercourse with the victim at the same time and at the same place as the preceding paragraph, and took photographs of the body of the victim who can take advantage of the Defendant’s cellular phone in a boomed state.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Each CCTV image and photograph, Kakao Stockholm message;

1. According to the following circumstances acknowledged by the court’s adoption of the internal investigation report (on-site search such as the place of occurrence), internal investigation report (to be attached to the CCTV images, their perusal and extraction), investigation report (to be included in the statement of reference), investigation report (to be included in the statement of reference), investigation report (to be confirmed and attached), investigation report (to be attached to the victim’s statement of reference), investigation report (to be confirmed and attached), investigation report (to be attached to the victim’s H telephone call), investigation report (to be attached to the Eel CCTV images in the place of occurrence), investigation report (to be attached to the victim’s CCTV image analysis), and investigation report (to be attached to the victim’s CCTV image analysis), and the evidence, the victim at the time of the instant crime, was in a situation where it is considerably difficult for the victim to resist the breath resistance, and the Defendant had sexual intercourse using the victim’s state of

1. At the time of the instant case, it is confirmed by objective evidence, such as convenience stores and CCTV images, that the victim was in the state of full exploitation.

Even if the victim has met such exploitation.

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