A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 강제추행치상 피고인은 2014. 9. 18. 02:30경 김해시 C에 있는 피해자 D(여, 52세) 운영의 노래연습장에서 혼자 놀다 나가던 중 피해자가 요금 지급을 요구하자, “이년아! 내가 50만 원을 현금으로 찾아서 줬잖아. 확 쥑여뿔라. 너 술 팔았지 너 술 판 거 경찰에 신고해 버릴테다.”라고 고함을 지르며 양 손으로 피해자의 어깨를 잡아 구석으로 밀어붙인 후 목을 조르고 피해자의 머리를 힘껏 수회 때리고 발로 피해자의 오른발을 힘껏 밟아 비틀어 반항을 억압한 다음 손으로 피해자의 가슴을 만지고, 손가락으로 피해자의 가슴을 찔렀다.

As a result, the defendant forced the victim to commit an indecent act, and let the victim receive a favorable treatment for about three weeks.

2. Following robbery, the Defendant discovered that there are 18 gold bars in the victim’s item, and took the said gold bars by hand with the victim’s failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Medical certificates and photographs of bodily injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 301, 298, and 333 of the Criminal Act concerning the crime in question, the applicable Articles of the Criminal Act concerning the selection of punishment, and Articles 301, 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of the punishment determined for the crime of bodily injury resulting from heavy indecent act by compulsion);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Records of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;