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(영문) 수원지방법원 안산지원 2016.05.27 2016고단819
준강제추행등
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

From around August 2011, the Defendant, from around 201, took part in the sexual intercourse with the victim I (the age of 22) and the sexual intercourse, and hedging around August 2014.

1. A quasi-indecent act: (a) around November 15, 2014, the Defendant: (b) found the victim’s clothes, shoes, pictures, etc., which the victim had been under his/her jurisdiction when he/she associates with the Defendant; (c) exercised alcohol to the victim; and (d) took the victim’s clothes, shoes, and photographs; and (c) took the part in drinking; and (d) the victim was exempted from the victim’s clothes under the influence of alcohol; and (e) took part in the victim’s chest and fluor, etc.

Accordingly, the defendant committed an indecent act against the victim by using the state of impossibility of resistance.

2. Violation of the Act on the Punishment, etc. of Sexual Crimes (using a camera, etc.) taken, at the time and place set forth in paragraph 1, the Defendant, using the Defendant’s ID 5S smartphone camera in the Defendant’s cellphone, photographs of the victim’s chest and the fluor who was diving in the state of being drunk as above by hand, of the victim’s chest and the fluor who was under the influence of alcohol.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

3. On December 25, 2014, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes and the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity, etc.) sent the images of the victim’s chests and fry pictures, etc., such as the victim’s chests and fry pictures, to the victim’s male job offer L by K message. The Defendant posted the above pictures to the Defendant’s K account, posted them to the Defendant’s K account, made it possible to view the pictures by adding them to K flor, M, the victim’s relative, N, P, etc., to the victim’s workplace, Ma, the victim’s relative, and then posted them to the said Q account in the victim’s name, and added them to Q-gu.

By doing so, the Defendant distributes, openly displays, and openly displays, a victim’s body photographic material that may cause sexual humiliation or sense of shame.

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