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(영문) 전주지방법원 남원지원 2017.06.13 2017고단77
준강제추행등
Text

The sentence against the accused shall be set forth as a fine of six million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. At around January 31, 2017, the Defendant forced indecent conduct on the part of the Defendant, at the house of the victim D (Inn, 21 years old), who is a workplace cudio 101 in North Korea-gun-gun C, North Korea-gun, 201, drinks with the victim and drinks with the victim, to report the victim who was locked above, and commit an indecent act with the victim’s hand, and went off the victim’s fright and panty to use the victim’s left bucks.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. The Defendant continued to be in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) and, at the same time and at the same place as above, exceeded the victim’s panty and panty, and used the part under the victim’s bridge function as the camera of the cellular phone, taken the part of the victim’s lower half and the part of the body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the cell phone camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. Application of each investigation report, internal investigation report, accompanying documents, records of seizure, list of seizure, and submitted statutes voluntarily;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 299 and 298 of the Criminal Act concerning the choice of punishment (a quasi-indecent act committed) and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a carmers and others) and the selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- the unfavorable circumstances;

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