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(영문) 서울중앙지방법원 2016.04.15 2016고단691
준강제추행등
Text

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

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

Reasons

Punishment of the crime

1. At around 04:00 on November 29, 2015, the Defendant: (a) committed an indecent act committed an indecent act by force using a victim’s resistanceable condition, such as making the victim E (the victim E (the victim 24 years old), who was under the influence of alcohol at 405, located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, look at the victim’s titts and brus by hand; (b) making the victim walk the chest by hand; and (c) making the victim titts and brus and bruging, and making the panty open.

2. The Defendant took photographs of the victim’s body against his will, around the same time as that set forth in the preceding paragraph, using a camera function inside the mobile phone at the same place, which could cause sexual humiliation or humiliation by photographing 13 times the victim’s chest, sound, mack, and mack, etc. over the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act concerning the choice of punishment (a quasi-indecent act committed) and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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

1. As to the assertion of the defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the defense counsel argued that the defendant's act of raising the truth and making the clothing of the victim in a manner that does not protect the body of the victim while the defendant was tryed so that the victim cannot be broken, and thus, it does not constitute a forced indecent act and a forced indecent act.

However, in the case of this case, the Criminal Code is not the crime of forced indecent act.

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