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(영문) 광주지방법원 2016.07.08 2016고단1453

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and four months at the Gwangju District Court for fraud, and on April 24, 2013, and completed the execution of the sentence on June 28, 2014.

On September 2015, the Defendant came to know of the Victim C (V, 47 years of age) through the introduction of a police officer, and borrowed money from the injured party, and became final and conclusive as a result of the change.

1. On the first half of November 2015, the Defendant, at around 23:00, committed an indecent act by force against the victim on the second smoking room of the F coffee shop in Nam-gu, Nam-gu, Gwangju, by eating the victim’s forced indecent act at the smoking room of the Fran shop 2, next to the E, and following the victim, such as the party who suffered the Ama, etc., kidly kids the victim by using both descendants, and kids the chest.

2. On November 15, 2015, the Defendant: (a) committed an indecent act by force against the victim at H coffee sets located in Nam-gu, Nam-gu, Gwangju on November 14:00; (b) committed a dispute with the Defendant; and (c) committed an indecent act by force against the victim following the said victim who took a coffee set.

3. On November 1, 2015, the Defendant, at around 16:00, committed a forced indecent act against the victim at the J coffee shop located in Gwangju-gu, Gwangju-si, and committed an indecent act against the victim’s own view while communicating with the victim.

4. On December 12, 2015, the Defendant, at the early 17:00, committed an indecent act by force against the victim at the above J coffee shop, and committed an indecent act by force against the victim, while communicating with the victim.

5. On December 8, 2015, the Defendant, at the above J coffee shop around 18:00 on December 8, 2015, committed an indecent act by forcing the victim to commit an indecent act. During dialogue with the victim, the Defendant committed an indecent act by forcing the victim’s chest by taking the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of a part of the protocol concerning the examination of suspect in the first time against the defendant;

1. Statement made to C and K in each police statement;

1. Previous convictions: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, investigation report (the confirmation of suspect and repeated crime);

1. Criminal facts;