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(영문) 서울동부지방법원 2019.10.17 2019고단2757

준강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to take lectures to treat sexual assault for 40 hours.

(b) the defendant;

Reasons

Punishment of the crime

1. At around 00:40 on August 9, 2019, the Defendant found out that the victim’s name was locked from the stairs on the street in the middle-dong, Gwangjin-gu, Seoul Special Metropolitan City on the street, and committed indecent act against the victim by taking advantage of the victim’s mental disorder, or the victim’s refusal to resist.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) took or attempted to take photographs against the victim’s will, at the same time and at the same place as indicated in the foregoing paragraph (1), the victim’s body body part, such as bucks, etc., committed an indecent act against the victim’s will, such as the victim’s cell phone camera, and bucks, etc., from July 13, 2019 to August 20, 2019, the victim taken or attempted to take photographs against the victim’s will, such as the victim’s body, which might cause sexual humiliation or sense of shame, over 32 times in total, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to an investigation report (a case for confirmation of a suspect's female crime, attachment of a list of crimes)

1. Relevant provisions of the Criminal Act concerning the crime, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing Cameras, etc.), Articles 14 (1) and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of attempt to take photographs using Cameras, etc.), and the choice of imprisonment, respectively;

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

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons;

1. Confiscation Article 48(1)1 of the Criminal Act