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(영문) 울산지방법원 2018.02.01 2017고합384
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

around 06:50 on November 1, 2016, the Defendant, “2017 Gohap 384, the Defendant, with the knowledge that the victim S (the age of 20 at the time of the instant case) was in a toilet located in the singing room and opened a door and tried to let the victim forced the victim to get out of the rest room. However, the Defendant strongly refused the escape from the toilet and attempted to get out of the toilet.

Accordingly, the Defendant attempted to commit an indecent act by force by intrusion into a room possessed by the victimized person.

The defendant of "2017 Gohap 399" was a person who was dead by the victim T (or 20 years of age).

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken photographs against the victim’s will, on the day from June 2014 to July 2014, using the Defendant’s cell phone camera in the guest room where the victim’s cell phone camera in Busan cannot be known of the date when the date between the victim cannot be known. The victim taken pictures against the victim’s face, etc., where the victim was exposed to the Defendant’s mobile phone camera in front of the Defendant’s sexual flag.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

A. On July 2, 2016, at around 10:08, the Defendant sent to the victim images of which the damaged person, using X512, X512, located in W of the Defendant’s home, was exposed to the Defendant’s sexual flag, to the victim.

B. On July 15, 2016, at around 13:57, the Defendant sent the victim’s face image to the victim, where the victim used X512 from the Defendant’s house to put the Defendant’s sexual organ into the Defendant’s sexual organ, and where the victim’s face image was taken by hand.

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunications media with a view to inducing or satisfying his or another person's sexual desire.

(i) the evidence;

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