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(영문) 춘천지방법원 강릉지원 2016.06.02 2016고단255

준강제추행등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 20, 2015, the Defendant, at the office of the Defendant 201 at the night, cudio 201 on December 20, 2015, carried out drinking together with the victim D (Inn, 21 years of age), zin E, and F, and locked together with the victim at the above place.

1. A quasi-indecent act: around December 21, 2015, around 08:30, the Defendant committed an indecent act by inserting the victim’s pursuant to the influence of alcohol on the part of the Defendant’s house, placing the victim’s pursuant to the influence of alcohol on the part of the Defendant’s house, making the knife by placing the knife with the knife, and making the knife available to the victim’s knife and panty up the knife.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), took photographs of the body of the victim against his will, by using smartphones of the Defendant with its function inside the camera at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photograph the restored dynamic image;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act (a quasi-indecent act committed) and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using a camera) selection of a punishment (i.e., the first offender and the video recorded cannot be disseminated).

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

1. In a case where a conviction against the Defendant is finalized on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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.