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(영문) 대구지방법원 김천지원 2018.10.17 2018고단938
준강제추행등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. From around 06:00 to around 07:0 on April 29, 2018, the Defendant: (a) committed an indecent act by force against the victim E (26:3) under the influence of alcohol at the DNA in Ulsan-gu, Ulsan-gu; and (b) committed an indecent act against the victim by taking advantage of the victim’s sexual organ as soon as possible, by making the victim’s panty sexual organ into his/her panty, and by taking the victim’s sexual organ into consideration.

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as camera, etc.) has held the sexual flag of the victim E (26 years old) out of panty at the time and place specified in paragraph (1);

gallon taken the body of the victim who could cause a sense of sexual shame by using S8 Plus mobile phones, against his/her will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photograph photographs and sexual photographys at the scene of damage;

1. Relevant legal provisions concerning criminal facts;

(a) Quasi-indecent act: Articles 299 and 298 of the Criminal Act;

(b) Recording of sexual assault: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Selection of individual fines for 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. Punishment of a fine of three million won to be suspended (the detention in a workhouse for a period converted by one million won to one day when the amount is unpaid);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the victim was a man who had been aware of several years, and had not been the same as this case).

At the time, the photographs taken by the her mother were found to have led to a crime under the influence of alcohol and were immediately confirmed and deleted by the victim.

In the circumstances of the defendant, 15 million won, which is a very large amount of money, was agreed.

Any person who has no previous criminal record, recognized the mistake and reflects it.

Comprehensively taking account of the above circumstances, even if the defendant was not sentenced to punishment at once, the defendant will not be charged with the crime again.

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