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(영문) 부산지방법원 2015.01.07 2014고단8251
준강제추행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At around 02:30 on June 16, 2014, the Defendant, a quasi-indecent act by compulsion, committed an indecent act against the victim by taking advantage of the victim's failure to resist, taking advantage of the victim's situation where the victim was able to resist and panty as soon as the victim was under the influence of alcohol, and was able to commit an indecent act against the victim by taking advantage of the victim's failure to resist.

2. The Defendant taken photographs of the victim’s chests and fluor with cellular phones under the influence of alcohol at the same time and place as above, and taken photographs of the victim’s chests and fluor with a similar function against his/her will that may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs;

1. Application of investigation reports (in the state of mental disorder of a victim) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act on the selection of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Taking photographs of cameras, etc.) and the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 is obligated to submit personal information

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.

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