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(영문) 대전지방법원 2018.07.13 2018고합120
강간등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On October 23, 2017, the Defendant: (a) 00:15 on October 23, 2017, went to the house of the victim by getting a taxi together with the victim under the pretext that: (b) she would give the victim, including the victim D (at the age of 40) and drinking to the end of the meeting after drinking alcohol at the mutual infinite-dong, Jung-gu, Daejeon; and (c) she went to the house of the victim.

At around 01:00, the Defendant laid off all the clothes of the victim, which the victim was divingd, and inserted in the body of the victim, at around Daejeon-gu E and Hoh, Daejeon-gu, Daejeon-gu, and Daejeon-gu, and the Defendant refused to engage in a sexual intercourse with the victim, but the Defendant denied the sexual relationship with the victim “Ap,” “Ip,” “Ip,” “Ip,” and “Ip,” but the Defendant inserted the sexual organ into the body of the victim, which prevents the victim from getting out of the body, and the victim waivedd the sexual intercourse several times, but there was no way to escape the Defendant.

Accordingly, the Defendant raped the victim.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), took two-time video images of the Defendant’s cell phone camera, after rapeing the victim at the time and place mentioned in the above paragraph (1), and then leakageing the victim’s body on the floor.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the prosecution of D;

1. In the case of each police officer against the defendant, the prosecutor's office, some statements made in the suspect interrogation protocol;

1. Investigation report (1) 1), investigation report (Attachment of a report as a result of digital evidence analysis), investigation report (a copy of evidence analysis document attached);

1. Application of the Acts and subordinate statutes concerning seizure and evidence;

1. Article 297 of the Criminal Act applicable to the crime, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a camera, etc.) (a camera, etc.);

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