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(영문) 광주지방법원 목포지원 2014.05.16 2014고단238

강제추행등

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Prior Offense Defendant was sentenced to three months of imprisonment for a crime of violation of the Road Traffic Act in the application of the Gwangju District Court on January 10, 2012, and completed the execution of the sentence in the Gwangju Prison on April 7, 2012.

【Criminal Facts】

1. The Defendant, at around 03:30 on September 29, 2013, engaged in indecent act by compulsion, by the line (hereinafter “J”) of the employee I of the above club (hereinafter “J”) while drinking alcohol together with H in the second floor of “G” club 12, which was located in the Mapopo City F. On September 29, 2013, the Defendant met the Victim K (Y, 24 years of age).

The defendant, after the victim's end, forced both arms to wrap up, and committed an indecent act by his hand on several chests of the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (joint assault) confirmed the victim’s intent to report the above indecent act at the time and place specified in paragraph (1), and got the victim I (28 years old) who was an employee of the said age club and escaped from the said age club.

The Defendant jointly with H, around 04:00 on the same day, H puts the victim’s hump to the two arms before the “L” convenience store in Sinpo City F, and the Defendant took the victim’s face at one time as a drinking.

Accordingly, the defendant assaulted the victim jointly with H.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I and K;

1. Investigation reports (for the victim's I statements, 53 pages of investigation records), investigation reports (Attachment to 112 Declarations), copies of 112 Declarations, investigation reports (for the victim's statement, hearing of reported phone calls);

1. Side photographs of a victim's I assault;

1. Previous convictions indicated in the judgment: Criminal history records (A, 108 pages of investigation records), reports on the results of confirmation of the previous dispositions, investigation reports (Attachment to previous records and written judgments, etc.), - current status of confinement/taking by individual, - Copy of the judgment and summary order Acts and subordinate statutes shall apply;

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment, acts of violence, etc.