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(영문) 서울중앙지방법원 2018.01.12 2017고단7212

준강제추행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Between October 28, 2016 and around 08:09 on October 28, 2016 and around 507 of the “D” hotel in Seocho-gu Seoul Metropolitan Government C, the Defendant committed an indecent act by force against the victim E (a person, a person, and the age of 21 at the time) who was under the influence of alcohol and was under the influence of alcohol by committing an indecent act by force against the victim in a situation of resistance.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) taken the body of the victim against his will by photographing the victim’s body, who was diving by using the Defendant’s cell phone camera function, at the same time, at the same place as the above 1.3 times and places, and by taking advantage of the Defendant’s cellular phone camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made to F or G by the police;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photographs of the victim's body pictures and the fingers of the defendant who has a negative part of the victim;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 299 and 298 of the Criminal Act concerning the choice of punishment (a quasi-indecent act committed) and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a carmers and others) and the selection of fines;

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. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The Defendant’s age, occupation, risk of recidivism, and type, motive, and consequence of the instant crime, exempted from disclosure or notification order.