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(영문) 대전지방법원 2013.11.13 2013고단3190
강제추행등
Text

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

The defendant shall be ordered to take 40 hours of the sexual assault treatment lecture.

Reasons

Punishment of the crime

1. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영) 피고인은 2013. 8. 2. 09:30경 세종시 C에 있는 D철물점 앞 노상에서, 피해자 E(여, 37세)의 뒤에 서서 소지하고 있던 피고인의 휴대전화기의 카메라 촬영기능을 켠 상태로 피해자의 치마 밑에 위 휴대전화기를 집어넣은 후 피해자의 허벅지 부분 및 팬티를 입고 있는 엉덩이 부분을 촬영하였다.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the mobile phone camera photographing function against his will.

2. The Defendant, at around 14:00 on August 7, 2013, purchased tobacco at the G convenience store located in Sejong City F, in a timely manner, committed an indecent act against the victim H (the 19 years old), who was an employee working in the carcter, at the same time, and went into the knife inside the carcter where the victim was seated with the knife of the knife where the victim entered the knife with the knife with the knife in which the victim was suffering, and led the victim to her k

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A report on investigation;

1. The application of the relevant Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 298 of the Criminal Act concerning the crime (a point of using cameras, etc. and photographing them);

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 (aggravated penalty determined for the crime of indecent act by compulsion with heavier punishment)

1. The fact that the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant entered a convenience store on a large scale, and the circumstances and degree of indecent act by force are very heavy in light of the circumstances and degree of indecent act by force, and that the victim's suffered loss seems to have considerable mental impulse.

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