Text
1. The defendant shall be punished by imprisonment for one year;
2. The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
3.
Reasons
Punishment of the crime
[criminal history] On May 13, 2015, the Defendant was sentenced to six months of imprisonment with labor for interference with business affairs at the Gwangju District Court, and completed the execution of the sentence at the Gwangju Prison on October 13, 2015.
[Criminal facts]
1. On June 11, 2016, the Defendant: (a) around 18:00, at the restaurant operated by the victim D (name, 55 years old) located in Seo-gu in Gwangju-si, Gwangju-si, the Defendant sent back to the restaurant in the form of the floor on the ground that the victim does not have the beer; (b) the Defendant was able to write down music on the cell phone; (c) the Defendant carried out the restaurant in the form of the floor; (d) the Defendant 10 minutes of the box, such as cutting down the glass on the table into the floor, and (d) the customers, who were in that place, got out of the restaurant.
Accordingly, the Defendant interfered with the victim's restaurant business by force.
2. The Defendant, at the time and place indicated in paragraph 1, committed an indecent act by force, at the time and place, committed an indecent act, with the intent to report the victim D, who was mixed in the restaurant room while avoiding the disturbance, with the intent to force the indecent act by force. The victim approaching the victim, who was frightened in both hands, but was frighted by the victim, but the victim frighted and avoided it, and the victim frighted again to the right chest of the victim by hand three times.
Accordingly, the defendant committed an indecent act against the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The witness D and E respective legal statements;
1. Each police statement made in relation to E or D;
1. A written statement of the witness D;
1. On-site photographs and investigation reports (as to the attachment, etc. of CCTV images at crime scene);
1. The results of reproduction, viewing, and viewing of video images taken by Handphones;
1. Previous conviction: He asserts to the effect that a reply to inquiry, such as criminal history, a report of investigation (the confirmation report, etc. before a repeated crime) (the defendant and his defense counsel asserted that there was only a fact that the victim's shoulders in the process of causing the victim beyond his kitchen, and that there was no indecent act committed against the victim's chest.
However, this shall not apply.