logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.07.12 2017고단2857
준강제추행등
Text

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

1. On July 24, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Kameras, etc.) discovered “C” located in Daegu City/Singu B, Daegu City/Gu, from the point of making soup, the Defendant taken a photograph and video of the victim D (the 18 years old), who was exempted from the alcohol, and the Defendant, laid off inside the Kameras, found the victim D (the 18 years old), who was flamer, who could cause a sense of sexual shame with 6S smartphones, against his/her will.

2. A quasi-indecent act: (a) at the same time as the preceding paragraph 03:38, the Defendant was forced to do so to make soup at the same day; (b) at the same time, the Defendant, under the influence of alcohol, was frightened by the victim with her bat, and her her bat, and her chest was taken by his her her son.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Seizure records;

1. Application of each photograph and CD-related statute;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Crime, Article 14(1) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 299 and 298 (a) of the Criminal Act, and the choice of imprisonment with prison labor;

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on each of the facts constituting a sex offense subject to the registration of personal information under Article 48(1)1 of the Criminal Act, the Defendant is subject to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

arrow