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(영문) 서울서부지방법원 2018.08.22 2018고단1552
준강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 1, 2017, at around 01:30 on December 1, 201, the Defendant was aware of the victim D (n, 19 years of age) and the victim’s friendship in front of Mapo-gu Seoul, and became aware of the victim’s her horses. At the same site of “F” in the same neighboring person E, the Defendant, while drinking the victim with the victim, was under the influence of alcohol while drinking the alcohol with the victim, was under the influence of alcohol and was under the influence of alcohol with the victim, and was under the influence of the victim’s chest by the victim’s hand, and the victim’s chest was under the influence of the alcohol.

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.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) reported that the victim D was able to sit under the influence of alcohol at the time and place specified in paragraph 1, and the Defendant taken the victim’s chests, fry, and fry appearance, including the victim’s chests and fry appearance.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. G statements;

1. A report on investigation (a witness H telephone call);

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes governing Handphone photographs, video CDs, gene emotions, and video CDs;

1. Articles 299 and 298 of the Criminal Act concerning the crime and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using a camera, etc.) (a point of using a camera, etc.);

1. Selection of each 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 Code of the Suspension of Execution (in the course of the investigation and trial, the defendant is prepared almost every day by preparing a rebuttal.

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