logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.01.14 2015고단2387
준강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Quasi-indecent act Defendant is a security guard belonging to a security firm in charge of the establishment security work of D University located in Mapo-gu Seoul Metropolitan Government.

On May 15, 2015, the Defendant performed patrol at D University around 03:30 on May 15, 2015, and was able to take part in the student conference room of D University E with the fourth floor Ethmbs (n., 19 years of age) with the victim F (n., the Defendant 19 years of age)’s bucks and p.m.

2. In violation of the Act on the Punishment, etc. of Sexual Crimes (use photographing, such as a camera, etc.), the Defendant taken approximately 2 minutes of the victim’s jumal jums by using the victim’s jumal jum functions of a camera 3 mobile phones, using the victim’s jumal jum functions.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Articles 299 and 298 of the Criminal Act applicable to the facts constituting the crime (the occupation of an indecent act by force, the choice of imprisonment), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs, such as a camera, the selection of a sentence of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;

1. If a conviction on a sex offense subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, result and seriousness of the crime.

arrow