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A defendant shall be punished by imprisonment for not less than eight 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. A quasi-indecent act by compulsion on October 28, 2013, the Defendant, like the victim C (the victim, 20 years of age) and the victim C (the victim, 20 years of age), took the part in the house of the drunk victim.
From 02:50 to 03:14 on the same day, the Defendant committed an indecent act against the victim, on the part of the victim's house located in Chungcheongnam-si, on the part of the victim, on the part of the victim, and on the part of the victim, placed the victim under the influence of alcohol on the bed, placed the victim in the bed, placed the victim in the bed, placed the victim in the bed, placed the victim in the bed, and exceeded the victim's clothes of the victim, she
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took photographs of another person’s body against the will, on the date and time set forth in paragraph (1) and at a place, who had committed an indecent act against the said victim, by cutting the victim’s reputation, and photographing the victim’s chest with his cellular phone, which might cause sexual humiliation or shame.
Summary of Evidence
1. Defendant's legal statement;
1. C’s legal statement;
1. Statement by the prosecution against C;
1. Damage photographs;
1. Application of Acts and subordinate statutes to investigative reports (to attach a video file and a photograph file);
1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Taking pictures, such as cameras): The choice of imprisonment with prison labor;
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. Judgment on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes
1. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim made consistent and concrete statements on the background and method of harm, such as indecent act, etc. from the police to the court.