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

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

Punishment of the crime

[criminal power] On September 17, 2009, the Defendant was sentenced to 6 months of imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. at the Incheon District Court, and 2 years of suspended execution on September 25, 2009, and the above judgment became final and conclusive on September 25, 2009. However, on August 23, 2011, the suspended execution was revoked, and the execution of the sentence was terminated at the Incheon Detention House on June 30, 2012

【Criminal Facts】

피고인은 2015. 1. 2. 23:20경 인천 부평구 C, 3층에 있는 'D' 업소에서, 업소 종업원인 피해자 E(여, 48세)로부터 마사지를 받던 중, 술에 취해 욕정을 일으켜 갑자기 피해자의 가슴을 만지려고 하여 피해자가 뒤로 피하자, 침대에 앉아 피해자의 바지를 잡고 벗기려고 하여 이에 피해자가 양손으로 피해자의 바지를 잡고 위로 올리자, 침대에서 내려와 양손으로 피해자의 바지를 잡고 힘껏 내린 다음, 피해자의 양 팔을 잡고 침대 쪽으로 밀어붙여 피해자의 엉덩이가 침대에 닿게 한 후, 허리를 숙여 피해자의 음부 부분을 입으로 2~3회 핥아 피해자를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. The police statement of E and F;

1. Before the judgment: Criminal records and investigation reports (in relation to cancellation of the suspension of the execution of a suspect, identification and confinement status - the status of repeated crimes), victim E has made a specific and consistent statement concerning the form of crime and circumstances in which a criminal investigation agency committed a crime, and there is no circumstance to deem that the victim made a false statement.

According to the consistent statement made by the victim, the Defendant received a telegraph 60-hour stop from the victim. At first, the Defendant was frighted to the bend, and the Defendant was frighted to the bend of the bend. At the end of the bend, the Defendant was frighted to the bend of the bend of the bend. Furthermore, even though the Defendant was fright to the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend.