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(영문) 서울남부지방법원 2020.02.13 2019고합397
준강간등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four 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 photographing);

A. On April 30, 2017, at the residence of Gangseo-gu Seoul Metropolitan Government, the Defendant taken pictures of the body of the victim D (n, 17 years old) who was under influence of alcohol as the Defendant’s cell phone with the Defendant’s cell phone, and the evidence submitted by the prosecutor listed in the attached Table 1 from the summer to February 2, 2019 is insufficient to regard the victim of the crime listed in the annexed Table 1 as F, and there is no other evidence to acknowledge this otherwise.

However, there is no substantial difference in the facts that the defendant taken the body of a man against his will at the time and place mentioned in the above No. 8, and there is no possibility of causing substantial disadvantage to the defendant's exercise of his defense right even if the victim is recognized as "a man with no name" without modification of indictment procedure. Thus, the above facts are acknowledged ex officio without modification of indictment.

The body of the victims who may cause sexual humiliation or shame over 17 times in total was taken against their will.

B. On April 30, 2017, the Defendant was above the Defendant around November 30, 201.

at the same place as the subsection (a).

In addition, from around that time to February 4, 2019, the victims’ body pictures were distributed or provided against the victims’ will that could cause sexual humiliations or humiliations over a total of 11 times, such as the list of crimes in the attached Table 2.

2. The Defendant, around September 24, 2017, she joined the victim G (one’s name, one’s age, and 22) with a view to drinking together at a main station near the Hong-ro, Mapo-gu Seoul Metropolitan Republic of Korea around September 24, 2017, and became aware for the first time with the victim.

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