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(영문) 서울동부지방법원 2014.06.20 2014고단266
준강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A quasi-indecent act by compulsion on December 24, 2013, the Defendant: (a) committed indecent act by compulsion on the part of the victim, by taking advantage of the victim’s mental disorder or failure to resist, such as: (b) the victim D (here, 27 years of age) who met at his/her ciracule in Dongdaemun-gu Seoul, Dongdaemun-gu, with his/her ciracule 203; (c) the victim D (here, 27 years of age) was under the influence of alcohol; (d) the victim’s ciracule and flad

2. The Defendant taken pictures of the victim’s b body photographs and videos against his will, using the camera and camping function of smartphones, at the time and place under the preceding paragraph, which might cause sexual humiliation or humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to suspect mobile phone screen pictures;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The fact that the victim’s reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order appears to have suffered considerable mental shock is an unfavorable circumstance to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and divided in depth, seems to have reached the crime of this case by contingent, and that the victim seeks the wife of the defendant, there is no record of criminal punishment, and that there is no work and family, etc., which are obvious social relationship with the defendant, is favorable to the defendant.

This means and results of the crime of this case, the circumstances after the crime, age, character and behavior, family environment, etc. of the defendant.

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