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(영문) 울산지방법원 2017.02.09 2016고단3897
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 19, 2016, the Defendant, at the home of the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Compulsory Indecent Acts and Sexual Crimes (Kameras et al.), d, a workplace volunteer in Ulsan-gu Cronra 401 on September 19, 2016, d, a workplace volunteer in Ulsan-gu, Seoul-gu, and the victim E (the 20-year old age), d, the Defendant d, who d, and d, the victim and his male-child group d, were under the influence of alcohol, and was able to commit an indecent act against the victim by entering the said room.

The Defendant met the victim's her her her her m and chest, which was her her m and breast at the victim's room where the victim and his her male her her her her her her m and breast at each time, and activated the victim's her m and her her m and her her her m and taken the victim's her her m and her her m

As such, the Defendant committed an indecent act against the victim, and taken the body of another person who may cause sexual humiliation or shame by using a cellular phone with the inner function against the victim’s will.

2. On September 19, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), opened a toilet with the victim’s male-child room at the same place as paragraph (1) on September 19, 2016, at the same time as the same as paragraph (1) of the same Act, and photographs the victim’s back habits, where the victim’s male-child room opened a toilet with the

The Defendant taken the body of another person, which may cause sexual humiliation or shame, using the cellular phone with a camera function, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes governing restoration of mobile phones;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing a camera) and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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