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Reasons
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(영문) 수원지방법원 안산지원 2021.01.13 2020고단2724
강제추행등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 7, 2020, the Defendant discovered the victim who suffered scambucks from Escopers located in the C subway stations located in Seocheon-si B on March 16, 2020, and photographs the victim’s body against his will by continuously putting the victim’s panty, bucks, and bucks under the body of the victim who might cause sexual humiliation or shame by photographing the victim’s panty and bucks.

2. Crimes against victims D;

A. On March 8, 2020, the Defendant committed an indecent act on the part of the Defendant committed an indecent act on the part of the Defendant: (a) within the F bus in operation of the E apartment near Sinstitu City around 00:30 on March 8, 2020; (b) discovered the potential victim; (c) committed an indecent act on the part of the victim; (d) committed an indecent act; (e) in order to discover the potential victim; and (e) move the victim into the side of the victim; and (e) moved the victim’s body closely

B. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the Defendant taken the victim’s body against his will by photographing the victim’s bucks, bucks, and chests with the victim’s bucks and chests at the time and place indicated in paragraph 2(a), and by taking the victim’s image using mobile phones, which might cause sexual humiliation

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Each protocol of seizure and the list of seizure;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes on closure photographs;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), Article 298 of the Criminal Act, and the choice of imprisonment

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 62 of the Criminal Act:

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