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(영문) 대구지방법원 2015.04.10 2015고합44

강제추행치상등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. The Defendant’s injury resulting from indecent act by compulsion does not cause any disadvantage to the Defendant’s exercise of the Defendant’s right of defense on the F car owned by the Defendant, which was parked in front of the street located in Daegu Dong-gu, Daegu, on August 8, 2014, and thus, it ex officio recognized as above without modification of the indictment.

In addition to the victim G (n, 32 years of age), although the victim tried to go to the telecom with the victim's mind to force indecent acts by force, the victim's chest and felb with the victim's fingers, knife the victim's chest and knife the victim's chest and knife by force by inserting his fingers, and feling the victim's knife into the ground, the victim's knife knife the head in the knife and knife the victim's head into the ground, and knife the victim's head and knife the victim's head, and knife the victim's head and knife the victim

Accordingly, the defendant forced the victim to commit an indecent act and caused the injury.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On January 22, 2014, the Defendant taken photographs using the Defendant’s mobile phone camera function at a Moelel where the trade name in the Dongcheon-gu, Daegu-dong could not be known, using the Defendant’s mobile phone camera function.

B. Around July 19, 2014, the Defendant taken videos using the Defendant’s mobile phone camera’s mobile phone camera function at a Moel where the trade name in the Dongcheon-dong-gu, Daegu-do could not be known. The Defendant used the Defendant’s mobile phone camera’s body and sound part of the victim G (Min, 32 years of age) who was locked after sexual relations.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using mobile phones against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the prosecutor's protocol of interrogation of the defendant

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;