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(영문) 대구지방법원 2015.10.27 2015고단4277
강제추행등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:40 on May 28, 2015, the Defendant committed indecent act by compulsion by force against the victim E (the 19-year-old female toilets operated by the Defendant, which called “the victim E” (the 19-year-old female workers) in a DNA toilet operated by the Defendant, by inserting his hand into the victim’s jackets, forced the Defendant to gather his hand into the victim’s jackets, and forced the Defendant to commit indecent act by inserting the victim’s jackets and slabs.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

A. On March 29, 2015, at the Defendant’s house located in Daegu-gu, Daegu-gu F, the Defendant sent the Defendant’s message “I would have no source of action if I would have made it good. I would have no source of action.” The Defendant sent the Defendant’s sexual picture.”

B. On April 15, 2015, around 19:18, the Defendant sent the Defendant’s message, “as the ES chest was sent,” and the Defendant’s sexual picture, which read, “as the ES chest was sent,” to the Defendant.

C. On April 28, 2015, the Defendant sent the above victim’s message “I wish to be able to commit rape, if you want to do so, at the bar of the above Defendant.” The Defendant sent the victim’s message “I want to do so soon as I want to commit rape.”

As a result, the Defendant reached the victim three times of words, pictures, etc. that may cause sexual humiliation or aversion through communication media with a view to meeting the Defendant’s sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by police to E (victims);

1. Application of the Acts and subordinate statutes on investigation reports (Attachment to Kakao Stockholm photographs);

1. Article 298 of the Criminal Act on the crime, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Personal information of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed to attend lectures;

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