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(영문) 수원지방법원 안양지원 2019.06.26 2018고단1424
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On November 13, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual night buildings, intrusion of structures at night, and larceny in the Jeonju District Court’s military mountain support on November 13, 2015, and completed the execution of the sentence in Jung-Eup prison on February 4, 2017.

【Criminal Facts】

1. On January 20, 2018, the Defendant: (a) committed indecent act by compulsion against the victim B (the age of 47) brought the victim, who is the same inmate, in the Ansan prison C located in the Gu during the game at the same time; (b) around February 6, 2018, the victim’s panty in a toilet at the same place as the victim’s panty in a toilet, and the victim’s body was her finger, and the victim’s body, who was in the same place at the same time on February 13, 2018, was her finger and her son.

In the end, the defendant committed an indecent act on three occasions.

2. On January 30, 2018, the Defendant: (a) committed indecent act by compulsion against the victim D (39 years of age) in the same place as indicated in the preceding paragraph; (b) opened the victim, who was a prisoner at the same time, with her hand, and opened her fry in the same place on February 6, 2018; (c) opened the victim her panty, her k's k's k's k's k's k's k's k's k's own k's k's k's k' at the same place on February 13, 2018.

In the end, the defendant committed an indecent act on three occasions.

Summary of Evidence

1. Partial statement of the defendant (as of the fifth trial date);

1. Legal statement of witness E;

1. Statement of the witness B, D and F in the protocol on the third trial date;

1. Statement of the special judicial police officer against D;

1. Before the judgment: Criminal records, personal confinement status, and defense counsel asserted that the victim B's sexual organ was the result of the above victim's sexual organ, and that the victim D's behavior was only the kind of friendly behavior, and that there was no intention to commit an indecent act.

The victim B expressed his intention of refusal by the defendant's action as stated in its reasoning from investigative agencies to this court.

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