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(영문) 광주지방법원 2017.10.13 2017고합294
강간등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The Defendant, while having talked with the victim in D, was able to rape by threatening to promote friendship with the victim C (the victim’s life, boom, 20 years of age) on the basis of having a photograph of the victim’s body sent by the victim during the conversation with the victim, by threatening the victim to rape.

On December 2, 2016, the Defendant sent D message to the victim “I would like to see that I would have sent D message to D, without having sexual intercourse, I would like to see the above content to the relatives who work together with the school, such as the width.”

B. On December 28, 2016, at around 13:00 on December 28, 2016, the victim was raped by having sexual intercourse with the victim in a situation where it is impossible to resist, as seen above, by threatening that the victim would no longer spread with the sexual intercourse.

2. From around December 28, 2016 to around December 29, 2016, Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity) distributed obscene images via an information and communications network by transmitting to “G”, “H”, and “I” a photograph taken by the victim’s chests, sound, etc., taken by using cellular phone-citing plploss during the process of collecting cellular phoness from the from around December 28, 2016 to around December 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure;

1. Application of all Acts and subordinate statutes to the victim's photographs, photographs of the contents of DNA conversations, and the contents of DNA conversations recovered from the defendant's mobile phone;

1. Article 297 of the Criminal Act applicable to the crime, the choice of punishment, and Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (the distribution of obscene materials, the choice of imprisonment, etc.) are 1.

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