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(영문) 수원지방법원 여주지원 2018.11.02 2018고단897
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 22, 2018, the Defendant was driving a Eystren vehicle under the influence of alcohol content of about 0.084% from the C Office parking lot located in Ischeon-si B, Leecheon-si from around 02:50 on the same day to the D-si, Jeonju-si.

2. On May 22, 2018, the Defendant taken the buckbucks of the victim H (the buck, the 19-year old), who was in a drunken, with the short place using A5 smartphone camera functions in the gallon line on May 22, 2018, in front of a restaurant, “G” located in F in F in Singju City on May 2, 2018.

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.

3. The Defendant, at the time and place stated in the above 2.2. On the same day, by inserting his hand his hand into the victim’s bucks, caused the victim’s bucks to bucks, and around 01:45 on the same day, the Defendant committed an indecent act by force against the victim by deceiving the victim’s bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Statement of the circumstances of the driver involved in driving;

1. Images of the CCTV-cape screen;

1. Statement to J;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Articles 148-2 subparag. 3 and 44 subparag. 1 of the Road Traffic Act concerning criminal facts; Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 298 of the Criminal Act; and the selection of imprisonment, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment provided for in the crime of indecent conduct on or around May 22, 2018 with the largest punishment and nature of the crime)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course of sexual crime;

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