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(영문) 수원지방법원 2014.09.26 2014고단2788
준강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. A quasi-indecent act by compulsion: (a) on March 9, 2014, from around 02:30 to around 03:20, the Defendant exceeded the victim E (the 27 years of age) who is the spouse of the said D and D, while drinking alcohol together with the victim E (the son, the son and panty) who was under the influence of alcohol between the Defendant’s pro-gu office located in Osan City from around 02:30 to around 03:20, and her chest and her chest were frighted by her hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant took photographs of the victim’s body against his will, on the date and time set forth in the above paragraph (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., Camera, etc.) and at a place, from the victim’s panty, who is under the influence of alcohol by using the camera functions of the mobile phone, and from the victim’s panty, who may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. A complaint;

1. Seizure records;

1. The application of Acts and subordinate statutes to the investigation report (the response to the suspect mobile phone data analysis request);

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of use of cameras and photographs), 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 62 (1) of the Criminal Act;

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Social Service Order;

1. Reasons for the sentencing of Article 48(1) of the Criminal Act of confiscation [the scope of the sentencing guidelines (the part concerning the quasi-indecent act by compulsion)] are set forth in the sentencing guidelines for not less than one month by imprisonment with prison labor for the mitigated area (one month to one year), such as mitigation area (one year to one year).

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