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(영문) 서울북부지방법원 2016.06.09 2016고단1453
준강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On April 18, 2016, around 05:30, the Defendant: (a) confirmed that the victim E (n, 44 years of age) was under drinking between the vehicles parked in the front parking lot of the 3-dong apartment of the Seoul Jung-gu Seoul Central Government, and that the victim E (n, 44 years of age) was not aware of it; (b) subsequently, the Defendant stolen the victim’s cash 4,100 won and the victim’s market value located far away from his head’s home.

2. Quasi-indecent act Defendant confirmed that the injured person was not aware of his fingers by scaming the injured person’s fingers above the victim’s eye at the same time and place, and confirmed that the injured person was not aware of his fingers; the injured person’s chests were cut by drinking the victim’s chests and brokes, and the injured person’s chests were cut several times by drinking the victim’s chests, using the Defendant’s house key, and the Defendant’s scam and panty was cut by using the Defendant’s strings and panty hand.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's breathrothic condition.

3. The Defendant took photographs of the victim’s sexual organ part against his/her will using his/her mobile phone at the same time, at the same place, and at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report of investigation (a photograph taken by the reporting person under 112), photograph, and photograph;

1. Investigation report (to attach photographs, such as seized articles taken at the suspect's residence), and photographs;

1. Investigation report (to attach a photograph of the victim who has taken the victim's cell phone to his/her cell phone); and

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 329 of the Criminal Act concerning the selection of punishment (the point of theft), Articles 299 and 298 of the Criminal Act (the point of forced indecent conduct), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as cameras), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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