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(영문) 수원지방법원 2018.01.11 2017고단6785
준강제추행등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. A quasi-indecent act Defendant: (a) around October 7, 2017: (b) around 23:52, the victim E (a) first kidel 202 located in Suwon-gu, Suwon-si; (b) took the breath from a club using the breath of alcohol to the breath; and (c) cut off the victim’s knife; (d) laid off the victim’s knife with knife; and (e) laid off knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. The Defendant, at the above date and place, taken a video image of the victim locked by using a cell phone with the camera function as above, and taken five-time video photographs of the victim, where bals and clothes were exposed, of which bals and clothes were exposed.

B. At around 23:57 on the same day, the Defendant sent one of the photographs (one wave: 2017.07.07.235609) taken as set forth in paragraph 1(a) to the Defendant’s work-affiliated rooms using mobile phones at the same place, and one of the photographs (one wave: 2017.08.08 008.33) to the Defendant’s work-affiliated rooms or rooms with relatives.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will, and provided him with it.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G clubs CCTV images closure photographs, ct cire photographs to capture DNA images;

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

1. Examination report (verification of evidence and image), screen pictures taken by the person to whom the victim commits an indecent act against the victim (2017108 04350), photographs of the victim taken by the victim, and evidence and photographs related to paragraph (b)-2);

1. Application of user photographic evidence, such as a camera, photographs, and video CDs-related Acts and subordinate statutes;

1. Article 299 of the Criminal Act applicable to the facts constituting a crime and Article 299 of the choice of punishment.

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