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(영문) 부산지방법원 2016.09.09 2016고단4258
강제추행
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal record] On June 13, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on the following day, and completed the execution of the sentence on May 15, 2015.

[Criminal facts]

1. On June 12, 2016, around 11:55, the Defendant: (a) committed an indecent act against the victim E (n, 24) coming coming from the Busan Jin-gu, Busan; (b) committed an indecent act by forcing the victim to commit a forced indecent act by reporting the victim E (n, 24) coming from the adjacent part; and (c) by using the victim’s right chest with the victim’s hand on one occasion, the Defendant committed an indecent act by forcing the victim.

2. On June 19, 2016, around 22:37, the Defendant: (a) committed an indecent act by force on the part of the victim H (the 20-year-old) who was coming from the Busan District of Busan, by reporting the victim H (the 20-year-old) who was going on the part of the Defendant, with the intent of forcing the Defendant to commit an indecent act; (b) having the Defendant’s hand attached the Defendant’s hand so that the Defendant does not escape; and (c) having the victim’s father as the restaurant in the vicinity of the victim’s wife where the victim’s father had his father, the Defendant committed an indecent act by force on the part of the victim by making the victim’s her knife and the knife on one occasion, respectively.

3. On June 21, 2016, at around 16:45, the Defendant committed an indecent act by force against the victim, such as: (a) having the victim K (k), who was walking in front of the J, having been walking on the part of the Busan District, and having the victim’s own grandchildren reported to commit an indecent act by force; (b) having the victim’s knife recorded the victim’s knife in a knife with the hand room, and having the victim’s knife with the hand room only once.

4. 피고인은 2016. 6. 21. 18:20 경 부산 부산진구 L에 있는 ‘M‘ 앞에서, 피해자 N( 여, 30세) 이 길을 걸어가는 것을 발견하고 강제 추행할 것을 마음먹고 피해자에게 다가가 갑자기 오른쪽 손바닥으로 피해자의 왼쪽 엉덩이를 1회 움켜쥐고, 쳐다보는 피해자를 향해 자위하는 시늉을 하는 등 피해자를 강제 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H, N, or K;

1. Each report on investigation;

1. Previous convictions: (A) a response to inquiries, such as criminal history, the results of confirmation of the previous convictions of the disposition, the text of the judgment, and the current status of personal expropriations;

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