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(영문) 대전지방법원 천안지원 2018.04.18 2018고합12
준강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant and the victim C (n, 22 years of age) are between the defendant and the victim through SNS around September 20, 2017.

1. Around November 18, 2017, the Defendant of quasi-raped, around 22:40, 2017, she divided the victim into the victim and the small- week 4 disease in the packaging horse near the F Station located in Dobong-gu Seoul Metropolitan Government into the residence of the victim located in Dobong-gu Seoul, and divided the victim into 2 cans of beer with the victim on November 19, 2017, and divided the victim into two cans of beer with the victim, and the victim was willing to have sexual intercourse with the victim under the influence of alcohol with the victim upon entering the room of the victim.

Accordingly, on November 19, 2017, the defendant entered the victim's room on November 19, 2017, and made sexual intercourse by inserting the defendant's sexual organ into the victim's sexual organ in the victim's sexual organ with knee, knee, knee and knee.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

2. Around November 19, 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.) taken a photograph of about five copies of the victim’s chests and flaps using a smartphone’s camera function on the part of the victim, when drunk and kneeing the victim’s upper part of the victim who is in a non-fluorable state of resistance, and knee the victim’s lower part.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. A seizure list;

1. Application of Acts and subordinate statutes to a report on genetic appraisal, legal and chemical appraisal, and results of digital evidence analysis;

1. Article 299 of the Criminal Act applicable to the facts constituting a crime and Article 299 of the choice of punishment.

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