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(영문) 대구지방법원 2017.06.02 2016고합602
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

However, from the date this judgment becomes final and conclusive, every five years.

Reasons

Punishment of the crime

1. Defendant and the claimant for the order to observe the protective police officers (hereinafter “Defendant”), and Defendant A and B committed the joint crime at the “E” club located in Jung-gu, Daegu, Daegu, on August 31, 2016, came to know of the victim F (tentative name, 27 years old), while playing in the “E” club located in the same Gu, Jung-gu, Daegu, and decided to have sexual intercourse with the victim, when the victim drinks the victim with his body and drinks the victim with his body, and the victim talks with his body. At around 05:53 on the same day, Defendant A left the victim’s body to the “Hel” located in the same Gu, and Defendant B followed it.

The Defendants, around 06:00 on the same day, exceeded the clothes of the victim who was locked under the influence of alcohol, and Defendant B and Defendant A have sexual intercourse with the victim once in order.

As a result, the Defendants, together, had sexual intercourse with the victim who is in a state of mental and physical loss or non-competence.

2. Defendant A

A. On August 31, 2016, the Defendant, at around 06:00, taken a dynamic image of a cell phone owned by himself/herself, who was off from the punishment of the above B, and did not have awareness of sexual intercourse with the above victim.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

B. On September 1, 2016, the Defendant sent the video images described in paragraph (a) to the said B via I flucing application using a mobile phone at a around 19:26 location.

Accordingly, the Defendant provided the body of another person, which could cause sexual humiliation or shame, to be taken against his will, using a camera.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Investigation report (the attachment of a written response to a request for suspect appraisal) and attached materials;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A photograph of a photograph and a fix of the scopic image with a course of a conversation.

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