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(영문) 수원지방법원 2017.04.20 2016고단8277

강제추행등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) reached the victim’s sexual humiliation by transmitting a copy of a photograph with which the victim’s cell phone is exposed to his/her name-free woman’s mobile phone by transmitting the victim’s sexual humiliation to the victim, while the Defendant was an apartment resident of the apartment located in the management office, together with the victim E (the 29 years old), who is an apartment resident of the apartment, who is an employee of the management office, in Suwon-si, Suwon-si, Suwon-si. Around June 11, 2016.

2. On June 12, 2016, the Defendant: (a) reported that the said victim was aware of her children and entered the entrance of an apartment site located in Young-gu G apartment site 201, Young-gu, Suwon-si, Suwon-si; (b) and (c) carried the victim’s hand, etc., who was aware of her own son, with the victim’s hand, who became aware of her children.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Photographss of the victim's mobile phone;

1. Application of Acts and subordinate statutes to a report on investigation (related to digital evidence analysis) and the results of digital evidence analysis;

1. Relevant legal provisions concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Use of Communications Media) and Article 298 of the Criminal Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act takes into account the motive and content of the instant crime, the victim’s intent to punish the victim, etc. However, considering the following factors: (a) the Defendant reflects the mistake; and (b) the Defendant has no criminal record except for punishment once by the fine of this kind.