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(영문) 울산지방법원 2017.08.10 2017고단1647

강제추행

Text

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

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor due to an injury, etc. by the Incheon District Court on October 20, 2014, and the said judgment became final and conclusive on April 14, 2015, and completed the execution of the said punishment in Ansan Prison on July 19, 2015.

【Criminal facts】 From January 26, 2017, the Defendant: D’D in Yangsan-si C’s 601 to the victim E who ordered coffee and found it as an employee.

The victim would return to the victim while the victim was absent.

On the other hand, one hand, after cutting down the hand of the victim's son, her breast part of the victim's breast part in the case of one hand, her hand in the case of one hand, and her part in the case of one hand into the part of the victim, and her part in the case of one hand in an indecent act by force of the victim.

Summary of Evidence

1. Legal statements from witnesses E and F;

1. Statement made by the police for E;

1. Investigation report (including each photograph of CCTV images attached to the telehallway);

1. A criminal investigation report (CCTV and a report on the results of communication confirmation inquiry);

1. Previous convictions: high credibility is recognized in light of the victim's criminal history inquiry, investigation report (the victim's statement and attitude in this Act, the degree of the body of the situation in the statement process, the contents of the victim's statement made in the police 02:52 on that day, which was 02:52 hours after the crime, and the victim's statement consistent with the victim's behavior and F behavior on CCTV taken in the mother corridor of this case (in particular, as the victim escaped, if the victim escaped or enters the victim's cell phone again to get a mobile phone returned to F, it corresponds to the initial statement immediately after the crime)

At the time of the crime, the defense counsel did not have suffered forced indecent conduct from the defendant on the ground that the victim sent several phone calls and sent text messages to his own mobile phone at the time of the crime and that the defendant first reported the assault in 112.