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(영문) 전주지방법원 2018.01.19 2017고단2297
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

Punishment of the crime

1. The Defendant forced indecent act completed his work as a person engaged in a daily-use labor position, and, along with his fee, he sawd the victim D (V, 61 years old) located in Seojin-gu Seoul Special Metropolitan City E (M, 61 years old) and he flicked the flicker to drink the flicker and flick the flicker with the victim.

A. On May 2017, the Defendant committed an indecent act by force against the victim when the victim, while drinking alcohol together with the bucker, fell after her traw, in order to remove or store goods in the cooling house, or when the victim passes through the Defendant’s side, with the intent to force the victim to commit an indecent act, the victim’s tacks with his her traw with his bucker, and subsequently, huckbucks.

B. On September 17, 2017, the Defendant, around 09:00, committed an indecent act by force against the victim in the above manner.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) committed by the Defendant against the victim’s cell phone using the Defendant’s cell phone to satisfy the Defendant’s sexual desire on August 7, 2017, from around 03:23 to 03:36 of the same day;

언제나 ♥’, ‘ 여보 나 터질 것 같아 뿌리고 싶어 그대 얼굴에 ♥’, ‘ 오늘 열한 시에 거기 절로 나와 이뻐 해 줄게

In addition, we cannot see that we can d'(b) we can see it.

♥♥♥’ 라는 내용의 문자 메세지를 전송하여 성적 수치심이나 혐오감을 일으키는 글을 피해자에게 도달하게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Recording records;

1. Application of Acts and subordinate statutes to report on investigation (report on the results of examination of mobile phone sirens which are the complainants);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of punishment (the point of forced indecent acts, the choice of imprisonment), and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of obscene acts using communications media and the selection of a sentence of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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