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(영문) 춘천지방법원 원주지원 2016.02.02 2015고단1089
준강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. A quasi-indecent act: (a) around September 21, 2015, the Defendant forcedly committed an indecent act on the part of the victim F (V, 23 years of age) who was aware of the victim F (V, 23 years of age) that he/she had been aware of in the Eel 307 heading room located in Do in Haju-si on the same day on the day on September 21, 2015; (b) was placed on the part of the her bed while drunk; and (c) was off his/her clothes on the part

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-satisfy situation.

2. The Defendant, at the time and place specified in the foregoing paragraph (1), took four times the telegraph of the victim, who was in a breameral body, by using the Defendant’s cell phone located in the camera at the time and place specified in the foregoing paragraph (1), and sent the victim’s breath photograph taken around 05:56 on the same day to G, who is the Defendant’s seat.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will, and distributed photographs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Photographs;

1. A report on internal investigation (a report on an investigation related to a time error);

1. Images of CCTV storage CDs and CCTV closures;

1. Three copies of restoration CDs, 11 photographs, and H message;

1. Application of the e-mail content, text message, and H dialogue statutes;

1. Relevant legal provisions of the Criminal Act, 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 (the point of taking photographs using a camera), and the choice of fines, respectively;

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. When a conviction on a sex crime subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes.

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