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(영문) 대전지방법원 천안지원 2017.05.26 2017고단571
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

A. As such, the Defendant taken the body parts against the victim’s will, using the cell phone camera function, which could cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each photograph;

1. Police seizure records and list of seizure;

1. Application of reports on results of digital evidence analysis and response statutes;

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment, Article 298 of the Criminal Act, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of imprisonment with prison labor;

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. Protection and observation, Article 62-2 of the Criminal Act, Article 16-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which the disclosure order and notification order are given, and Article 49(1) main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the scope of recommendations] are general standards for the crime of indecent act by force (the scope of recommendations) in the mitigated area (one month to one year), (one month) [the person with special mitigation] in the mitigated area (one month to one year] [the person with special mitigation] in the mitigated area] [the sentencing guidelines are not set (the decision of sentence] that repeatedly repeats the crime despite the past record of criminal punishment (the suspension of the execution of imprisonment), the degree and attitude of the prosecution, the fact that the victim and the victim agreed to commit the indecent act, and the fact that there is an agreement against the order of the trial in this case.

Where a conviction becomes final and conclusive on each crime in the judgment which is subject to the registration of personal information, it is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, it is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

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