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(영문) 수원지방법원 성남지원 2018.08.23 2018고합44

강제추행치상등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

1. On November 27, 2017, the Defendant: (a) sent alcohol at the amusement shop in the operation of the victim B (the 56-year-old) located in Seongbuk-gu, Sungnam-si; and (b) sent singing to the victim; (c) around 04:30, the Defendant told the victim to have returned to his/her country because of the end of the business hours.

From that time to 05:00, the Defendant neglected the victim’s request for returning home, and continued to comply with the victim’s request, and “I wish to enter and depart from the Republic of Korea, Ispath, Ispath, Ispath, Ispath, Ispath

The term “the victim,” and “the victim’s desire to take the victim’s hand, and forced the victim to take the victim’s hand, thereby obstructing the victim’s entertainment shop operation by force for about 30 minutes.

2. On November 27, 2017, the Defendant suffered injury or forced indecent act: (a) around 04:53, as indicated in paragraph (1) at the place indicated in paragraph (1) at around 04:53, the Defendant saw the victim to take time; (b) took part of the victim’s left chest part once; and (c) carried the damaged person into the stude and forced him to take the damaged person into the stude, and (d) sustained injury, such as the 5-day balance of the 5-day balance, which requires approximately two weeks of medical treatment.

The Defendant continued to commit an indecent act in line with the view of the victim while the victim was reported to the police at the entertainment shop.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness B;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. A report on internal investigation (in-house approval on the data fromCCTV image), investigation report (Submission of a written diagnosis of injury by a victim and a report on the investigation into and the confirmation of sing CCTV on damaged parts);

1. Application of an injury diagnosis certificate, CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 314 (1) of the Criminal Act (the point of interference with business), the choice of imprisonment for a prison labor;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. To order the disclosure and notification of registered information;