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(영문) 청주지방법원 2018.04.11 2017고단2569
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

The defendant is a university student who has a relationship with the victim C (V, 18 years of age).

1. On July 16, 2017, the criminal defendant forced indecent act committed an indecent act by force: (a) two friends and two friends come home first with the victim, and they come home with friends and come home with the victim, and (b) friends will come home with the victim's house in his friend and go home with 300,000,000 away from the victim's house in his friends; (c) around the same day, at around 05:40 of the victim's house, the defendant friended the victim's chest, and continued to come back with the victim's chest, and added the victim's fingers into panty and put them into panty.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.) recorded in paragraph (1) at the time and place, such as the date and time as described in paragraph (1), carried out the cresh in which the victim is aboard, carried out the brush by inserting the left hand into the victim’s inner part, and recorded the Defendant’s cell phone by inserting the Defendant’s cell phone into the victim’s cell phone and photographing the chest and brub of

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor to the victim;

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

1. A report on the results of analysis of digital evidence;

1. Application of CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act concerning the crime, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, 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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Article 48(1) of the Criminal Act of confiscation.

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