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(영문) 서울서부지방법원 2018.01.19 2017고단2809
강제추행등
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Special cases concerning the punishment, etc. of sexual assault (use and photographing such as a camera);

A. On February 6, 2017, the Defendant, in committing the crime against the victim D, exceeded all the clothes of the victim D, under the influence of alcohol, and taken the Defendant’s personal phone (S7 and No. 1) using the victim’s body body body telegraph, mack, and mack.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

B. On May 2, 2017, the Defendant, at around 09:00, exceeded all clothes of the victim F (name, female, age, and old) incurred in diving, under the influence of alcohol, taken off the clothes of the victim F (name, age, and age, and taken the victim’s personal phone with the carry phone indicated in the above paragraph (a), and taken the victim’s personal body, knife, knife, and sound.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

2. The Defendant forced indecent act committed an indecent act by force by force on the part of the victim F (name) who was broken at the time and place set forth in paragraph 1-B, and on the part of the victim F (name) who was broken out in a locking to the bend, and was involved in an indecent act by force on the part of the victim’s left chest by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F (tentative name) and D;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14 (1) (a point of taking photographs, such as a camera), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor;

2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

3. Article 62(1) of the Criminal Act (The following sentencing is considered as favorable circumstances, etc.).

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