beta
(영문) 수원지방법원 2017.12.07 2017고단3069

준강제추행등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 2016, the Defendant came to know of the Victim C (FO, name, and age 44) who had been working in a singing room in which the Defendant had sexual intercourse and had come to talk several times.

1. Around August 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence (use and photographing of cameras, etc.) exceeded all the clothes of the victim under the influence of alcohol at the home of the Defendant No. 509 of the Da Sung-si apartment, and taken the body of the victim using a mobile phone camera.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On October 29, 2016, the Defendant: (a) exceeded all the clothes of the victim under the influence of alcohol at around 02:00, at the same place as the above “1. paragraph”; (b) exceeded all the clothes of the victim under the influence of alcohol; and (c) taken pictures of the victim’s sexual organ by using mobile phone cameras with the victim’s body and hand.

Accordingly, the Defendant took a photograph of another person’s body against his will that could cause sexual humiliation or sense of shame by forcing the victim in an impossible state of resistance, and using a camera or other similar mechanism.

3. On October 2016, when the Defendant came to know of the fact that he was married to the victim and his spouse, the Defendant was aware of the fact that he had the victim’s spouse, followed by using a photograph taken in the same manner as the above “1, 2.1” and received money by threatening the victim.

On October 31, 2016, at around 13:27, the Defendant sent the victim’s body photo taken by the same method as the above “1:27.” The Defendant sent the victim’s body photo using app to Handphones of the victim. On the same day, around 17:22, the Defendant sent the victim’s body photo with the same method and then sent the victim’s body photo on the same day.