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Reasons
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(영문) 전주지방법원 정읍지원 2020.05.14 2020고단16
강제추행등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 10, 2018, the Defendant committed indecent act against the victim B by compulsion on the part of the victim’s sexual organ, following the victim’s back habits, in the “D Entertainment room” located in Yeongdeungpo-gu Seoul Metropolitan Government, with male-gu Seoul Metropolitan Government, on the part of the victim’s sexual organ, and committed indecent act by force against the victim by making the victim’s sexual organ part of the suspect’s sexual organ left above the victim’s body.

2. Around August 17, 2019, the Defendant committed an indecent act by compulsion against the victim E by force on August 17, 2019, when entering a soup room of “G” located in the Yongsan-gu Seoul Metropolitan Government, and the victim E (the age 26) who was locked at the same time was bryd as a brying, etc., committed an indecent act against the victim E who was in a state of failing to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Written statements of the victim and written statements;

1. A survey report (CCTV);

1. Investigation report (related to CCTV for such a crime), CDs;

1. Investigation report (Submission of data E by a victim);

1. Investigation report ( telephone conversations with victim B);

1. A report on investigation (Attachment of site photographs of police officers visiting the police station);

1. Investigation report (report on the contents of the call with H of witnesses);

1. 사진2(H가 휴대폰으로 촬영한 피혐의자의 모습), 사진3(H가 휴대폰으로 촬영한 피혐의자의 뒷모습) 적법한 증거조사를 마친 각 증거에 의하면, 범죄사실 제1항과 관련하여, 피해자의 진술이 명확한 점, 피고인의 범행 직후 피해자의 남자친구가 쫓아가 모자를 낚아챘고, 당시 피고인은 이에 대하여 항의하지도 않는 등 자신의 행동을 인식하는 것 같이 행동한 점 등을 고려하면, 범죄사실은 유죄로 인정된다.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;

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