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(영문) 대전지방법원 서산지원 2015.09.25 2015고단494

강제추행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On May 21, 2015, at around 09:50 on May 21, 2015, the Defendant sent a video image of the content that a female sexual intercourses with the horses to the victim E (the age of 61) using smartphone flusium in the Defendant’s residence located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, by using smartphone flusium flusium. On May 28, 2015, the Defendant sent the victim’s Internet address (F) where a video of the content that a female sexual intercourses with the body of the female, is linked to the victim by the same method.

As a result, the Defendant reached the victim with a view to inducing or satisfactioning sexual humiliations over twice, by using a communication medium, which causes sexual humiliation or aversion.

2. Around 07:00 on June 7, 2015, the Defendant: (a) received from the victim’s prior to the above Defendant’s residence, the Defendant: (b) stated that “I will send why you would see?” and (c) expressed, “I would see that I would see that I would have good punishment; and (d) made one time the victim’s am and her am and forced the victim to commit indecent act.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant legal provisions concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the selection of each fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit his/her personal information

An order for disclosure;