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(영문) 광주지방법원 2016.12.23 2016고합445
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the relationship between the victim C (nives, D) and the wife and the wife.

1. On the first day of November 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives), around 00:00, at F apartment houses 101 Dong-dong, the Defendant, a residence of the Defendant in the Dong-gu, Dong-gu, Gwangju, left the victim (35 years of age at the time) who was in a state of her non-frighting to resist by drinking, left the victim’s knife by inserting his knife, leaving the victim’s knife, leaving the victim’s knife, leaving the victim’s knife, leaving the victim’s knife, and continued to have the victim’s knife entering the knife.

Accordingly, the Defendant committed indecent act against the victim who is in a state of breathy.

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

A. On July 11, 2016, the Defendant, at around 11:00, installed a small camera (4cm in length, 1cm in thickness, and No. 1) with both sides tape at the location indicated in the above paragraph (1), and then taken a uriant image (38 years old at that time) by the victim (38 years old).

B. At around 11:00 on July 29, 2016, the Defendant opened a brush cover of the bottom of the brush at the places specified in the foregoing Paragraph 1, and made a brush brush by inserting the small camera specified in the foregoing Paragraph 1, and then kept in front of the brush and kept in front of the brush and kept in front of the brush in front of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation over two times using a small camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigative report (family relation certificate), investigation report (to hear statements of the victim);

1. Application of the Acts and subordinate statutes to photograph seized objects, photographs and images-fags;

1. Relevant Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes, and relatives under Article 299 of the Criminal Act.

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