A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 18, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for forced indecent act in the Daejeon District Court's Hongsung branch on September 13, 2014 and completed the execution of the sentence.

Criminal facts

On October 16, 2015, the Defendant: (a) purchased alcohol at the convenience store before “N convenience store” operated by the Victim M (W, 35 years of age) who was in the Chungcheongnam-nam Budget Group L around 12:20 on October 16, 2015; (b) but the Defendant purchased alcohol at the above convenience store withO, but the Defendant was not able to sell alcohol at the credit value or complete payment.

“The victim of the defect is brutally humping off the victim’s face by putting the victim out of the crub, and acting as a brut container in the vicinity of the victim, and the aboveO acted as a brut with the Defendant and brut with the victim in the neighboring commercial building and towards the victim.

Accordingly, the defendant assaulted the victim jointly with theO.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness M orO;

1. A protocol concerning the examination of suspects of the prosecution against theO;

1. Statement made by the police against M;

1. Evidence photographs;

1. Previous convictions indicated in the judgment: In response to inquiries, investigation reports, and the result of the search of prisoners [the defendant and his defense counsel has acted as the defendant would have expressed his desire to do so to the victim, but there was no time to see the victim's face. At the time,O made a speech to the defendant, and thus the defendant committed violence jointly withO;

I argue that it cannot be seen.

According to the above evidence, it is recognized that the defendant exceeded the victim by getting out of the part of the defendant, and the face of the victim is taken once.

In addition, the defendant acted as if he / she were in contact with the victim while taking a bath near the victim, and the O also takes a bath by combining it with it, and the act did not directly contact the victim's body.

Even if there is an illegal use of force against the victim, it constitutes violence.

O The defendant is a victim.