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(영문) 대전지방법원 천안지원 2016.03.16 2015고합212
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

The defendant is a male-child relationship between the victim C (the family name, the female, the age of 19) D and the middle school motive of the victim C (the family name, the family life, the age of 19).

1. Around August 18, 2015, the Defendant: (a) had sexual intercourse with the victim, who reported that the victim and the victim met and met while drinking alcohol with D and the victim in the FIP room 2 heading room in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Yan-si, and had sexual intercourse with D and the victim.

The defendant, who is next to the victim, is moving back to the VIP room 1 room, and sees the victim's view even, and "I have a spirit."

“After confirming that the victim was spanched, she exceeded the victim’s half-panty and panty, she was seated in a sofa, and kneeing the victim on knene, and inserted her sexual organ into the victim’s sexual organ once in the spane.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) brought the victim again to a VIP room 2 room after the completion of sexual intercourse, as described in paragraph 1, and took photographs of the victim’s buckbucks, mackbucks, macks, and chest part of the chest, etc., which are in the influence of alcohol by using the video photographing function of his cellular phone (Evidence No. 1) in his/her mobile phone (Evidence No. 1).

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement of the defendant in the fifth public trial records;

1. Statement made by witnesses D and C in the third public trial records;

1. Protocols of seizure;

1. Application of the video CD (57 pages of investigation records) and the photograph output statute;

1. Relevant provisions of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning criminal facts, and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using cameras and photographing photographs).

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