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(영문) 대전지방법원 천안지원 2016.04.29 2015고단1947
준강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A quasi-indecent act Defendant is a DNA personal taxi engineer, and at the above-ground parking lot of the 206 North-gu E Apartment-gu, Seo-gu, Seo-gu, Seocheon-gu on October 6, 2015, the victim F (F) who was aboard a customer and was sitting in the back seat with the short string of the victim F (F) who was aboard the customer and was under the influence of alcohol, and expressed the desire to do so, the Defendant was panty by inserting his hand into the victim's fright and panty, talked with him, and leged.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

2. The Defendant, at the same time, at the same place and place as the above paragraph 1 above, taken the panty of the victim by putting his hand in the panty in the panty of the above victim under the influence of alcohol, and taken the panty of the victim by using his cell phone camera functions.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Police seizure records;

1. Photographs of a victim and a taxi;

1. Application of Acts and subordinate statutes to investigation reports (in response to results of digital evidence analysis);

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes (a point of using a camera and others) and the choice of imprisonment for a set of punishment;

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

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend (the scope of recommended punishment) [the grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the scope of recommended punishment] has no basic area (6 months to 2 years) (the person subject to special sentencing) (the person subject to special sentencing] (the decision of sentencing] / The defendant is likely to commit a crime by committing an indecent act against taxi passengers and photographing sound copies.

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