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춘천지방법원 강릉지원 2016.09.08 2016고단826

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 2, 2016, the Defendant proposed a model to “A victim B (hereinafter, 24 years old) who is a neighboring dynamics (hereinafter, the Defendant) who was close to the ordinary world, who is a neighboring dynamics (hereinafter, the age of 24)” and proposed a model by “I think it is necessary to set a model, and that I think it is necessary to do the model work.”

However, in fact, the defendant taken the victim's motion pictures to have his/her motion pictures and did not have received a request for model job offer from his/her friendship company.

At around 20:50 on May 3, 2016, the Defendant, at the Defendant’s studio in the East Sea C and 204 of the 2016 East Sea, he saw that the Defendant would have a panty one and a short panty one that was prepared in advance by the Defendant’s Handphone in the Defendant’s handphone for about 20 minutes, taken a panty part of the victim’s body part with the victim’s upper part of the body with the victim’s Handphone, and her frightbbbbbbbbbs in the victim’s khum part with the victim’s khumbbbbbbbs, and her kick part with the victim’s knbbbbs that were knick.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photographs, sprinklers and sama photographs by cutting off video images;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The scope of the recommended sentence according to the sentencing guidelines that the defendant does not recover from damage that has no record of criminal punishment for the reason of sentencing under Article 48(1)2 of the Confiscation Criminal Act: six months of imprisonment (sex crime, indecent act by compulsion, type 1, and basic area) shall be six months and two years (sex crime, indecent act by compulsion, type 1) shall be the case where the conviction against the defendant is finalized.