logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.02.08 2020고단4052
준강제추행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a male-child Gu of the victim B (V, 25 years old) who is the family-friendly Gu of the victim B (V, 27 years old).

1. Quasi-indecent act Defendant: from January 23, 2020 to January 23, 2020

1. Around 24:00, around Busan Dongdong-gu, Busan apartment E, in a manner that she puts a hand into the part of the victim's clothes inside his/her clothes under the influence of alcohol and meets with the victim's chest, he/she had the victim's fingers with the victim's hand, and allowed the victim's fingers with his/her fingers, and added his/her fingers into the victim's panty, thereby committing an indecent act by taking advantage of the victim's resistanceable condition.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of cameras, etc.) Defendant 1 posted the victim’s name at the same time and place as above paragraph 1, up to the shoulder part of the victim, and took a video image of approximately 10-15 seconds of the victim’s chest by setting the victim’s clothes above and setting the victim’s chest part of the victim’s chest into the victim’s chest.

Accordingly, the defendant taken photographs against the will of the victim of another person's body that may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes in which statements made by the police are entered in B;

1. Relevant legal provisions on criminal facts, Articles 299 and 298 of the Criminal Act on the choice of punishment (a quasi-indecent act committed) and Article 14(1) (a) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines, respectively.

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The defendant is found guilty of the criminal facts stated in the judgment that he/she should register personal information and submit such information under Article 334 (1) of the Criminal Procedure Act.

arrow