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(영문) 대구지방법원 2018.03.08 2017고단6372
준강제추행등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. A quasi-indecent act Defendant: (a) around 03:00 on July 31, 2017; (b) around 03:0, Daegu Northern-gu C 306; and (c) was under influence of alcohol by using Myeongs in toilets; (b) was subject to reduction of the victim D(24 tax)’s hair hair and conspiracy.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

2. The Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes (using and photographing cameras, etc.) reported the victim’s bridge hair and conspiracy at the time and place specified in paragraph 1, as described in paragraph 1, on a scale, and posted a photograph of the victim’s sexual organs, which were cut of conspiracy, using a telephone camera of the victim’s sexual organ, and on the E-organization dialogue that could be seen by seven participants, including the victim, in total.

As a result, the defendant taken the body of the victim who could cause a sense of shame by using a camera or other similar devices, against his will, and distributed and provided the taken objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs by filing a complaint, and each E-cap;

1. Relevant provisions of the Criminal Act concerning the crime, 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 (a carmers and others) and the selection of fines;

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. Where a conviction becomes final and conclusive on each of the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a police officer under his/her jurisdiction pursuant to Article 43 of the same Act.

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