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(영문) 수원지방법원 안산지원 2015.04.24 2015고합26
준강간등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On August 2014, the Defendant and the respondent for an attachment order (hereinafter referred to as “Defendant”) became aware of the victim E (the age of 29) through “D”, a smartphone hosting application around 2014.

On September 19, 2014, the Defendant had sexual intercourses with the Defendant at the guest room of the Mosel in which it is impossible to know the trade name located in the Jeju Jeju Jeju Jeju Jeju Island, and had the victim's blickphones with his own smartphones in the Kameral function, taken the victim's blickphones.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. On September 29, 2014, the Defendant became aware of the victim G (or 24 years of age) through “F,” which is a lucing luculation of smartphones.

At around 23:00 on the same day, the Defendant, who was parked on the side 505 side way of the Sinsi-dong, Sinsi-dong, Sinsi-dong, Sinsi-dong, Sinsi-dong, Sinsi-dong, Gawa-dong, 505, was her own spanty flurged car, and her own spanty was laid off by the victim's spanty and panty s

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Points for physical photographing, such as cameras;

(a) Defendant's legal statement;

(b) E’s statement;

(c) Police seizure records;

(d) Mobile analysis data;

2. The point of quasi-rape;

(a) Defendant's legal statement;

B. Each police statement about G and H

C. Application of each Act on Requests for Expert Opinion

1. Article applicable to criminal facts;

(a) Body photographing, such as a camera: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) The point of quasi-rape: Articles 299 and 297 of the Criminal Act;

2. The extent of the aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be the sum of the maximum punishment for the crime of quasi-rape with heavier punishment;

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