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Reasons
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(영문) 대구지방법원 2019.06.12 2019고단5
준강제추행등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 22) are the motives of university.

On September 13, 2018, at around 22:00 on September 22, 2018, the Defendant dices and drinks together with the motives including the victim at a restaurant located in the Daegu North-gu University, and the Defendant, C (Nam) and the victim diced in their respective rooms at around 04:00 on the following day.

1. At around 08:00 on September 14, 2018, the Defendant: (a) committed indecent act by compulsion; (b) 2018, the Defendant: (c) told the victim who was diving in the said accommodation with shouldered, fucks; and (d) caused the victim’s bucks, etc. several times by hand; and (c) the victim was broken out in the lock; (d) but (e) there was a fear that “I may commit an indecent act against himself/herself and may be threatened with life and body if she resisted against him/her,” thereby making it difficult for him/her to resist by psychologically and psychologically.

Accordingly, the Defendant committed indecent act against the victim who was unable to resist.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), took pictures of the victim’s bucks and chests using the camera functions of smartphones possessed by the victim at the same time and place as paragraph (1).

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Data to destroy a photograph;

1. Each E dialogue TXT file;

1. Data for the closure of Egylgraphs;

1. Seizure records;

1. Application of Acts and subordinate statutes to report results of digital evidence analysis;

1. Article 299 and Article 298 of the Criminal Act on the applicable criminal facts, the choice of punishment, and Article 14 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018).

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