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(영문) 대구지방법원 2019.02.15 2018고합474
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

On October 8, 2018, the defendant and the person requesting probation order (hereinafter referred to as "defendant") followed the victim D (tentative name, remaining, 18 years old) who was in game and forced to commit an indecent act on the part of the defendant and the person requesting probation order (hereinafter referred to as "the defendant") at the PC on the first floor of the B building underground in Busan Metropolitan City around 23:00.

At around 23:10 on the same day, the Defendant: (a) around 23:10, the Defendant: (b) around 23:10, the Defendant: (c) around the following following the victim,: (a) obstructed the victim from becoming a dangerous object that he had been in possession of; (d) displayed the above excessive amount that was being used on his left hand to the victim; and (e) forced the victim’s resistance, and (e) took the victim’s resistance into a narrow channel located on the back of India, with the victim’s back, she takes the victim’s back to the inner part; (b) opened the victim’s inner part; (c) laid the victim’s inner part; (d) putting the victim’s finger into the victim’s inner part; (d) laid the victim’s chest; and (e) laid the victim’s chest, she exceeded the victim’s inner part; and (e) laid the victim’s chest and her chest the victim’s chest; and (e) laid the victim’s chest.

Accordingly, the defendant committed an indecent act on the part of the victim with dangerous things.

[Fact that constitutes a ground for probation order] The Defendant is likely to recommit sexual crimes in light of the criminal records as a person who committed such crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Protocols of seizure and list of seizure (No. 4, 5).

1. Investigation report (Attachment to excessive photographs used by a suspect for committing a crime);

1. A report of investigation (the extraction of CCTV images inside the scambling that the victim visited and attaching a photograph of the suspect), and a photograph of capturing the victim;

1. The investigation report (as regards the place of criminal activity) and on-site photographs.

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