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(영문) 인천지방법원 2018.09.13 2017고단8947
강제추행등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is the head of the (ju) E-factory in Pakistan, and the victim F (n, 43 years old) is the employee of the above factory.

1. On October 18, 2016, the Defendant committed an indecent act by force against the victim 18 times in total, including, but not limited to, indecent act by means of writing and rhym of the victim himself/herself, following his/her work at the above plant on October 18, 2016, from the time when he/she commits an indecent act by force until February 28, 2017.

2. He/she shall not allow any speech, sound, writing, picture, image, or article that may cause a sense of sexual shame or aversion through telephone, mail, computer, or any other means of communication, with intent to arouse or satisfy his/her own or any other person's sexual desire, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On December 2016, the Defendant sent to the cell phone of the victimized party the sound photographs that cause sexual humiliation using “G” at a place which was not a policeman.

B. On January 2, 2017, the Defendant sent sexual dynamic images that cause a sense of sexual humiliation to the victim’s cell phone using “G” at the location of the border.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A protocol of seizure and a list of seizure;

1. A report on the results of analysis of digital evidence;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act, the choice of punishment, and Article 298 of the Criminal Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media), and the choice of imprisonment with prison labor, 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 62 (1) of the Criminal Act on the suspended execution;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act [the scope of recommendations] are general standards.

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