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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall order the completion of the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On July 18, 2017, the Defendant was sentenced to a suspended sentence of two years on the 26th of the same month by obstructing business operations at the Ulsan District Court, which became final and conclusive on the 26th of the same month.
[Criminal Facts]
1. On August 13, 2017, the Defendant: (a) ordered a victim E (at 26 years of age) on the second floor in Ulsan-gu, Ulsan-gu; (b) around 05:00 of the same day after drinking alcohol, etc.; and (c) was demanded from the victim and his/her employee to undergo the drinking value from the victim and his/her employee around 05:00 of the same day; (b) the Defendant: (a) expressed his/her desire to the following week that he/she would suffer from drinking alcohol; (b) he/she expressed his/her desire to the following week; (c) would threaten the victim as he/she would have on his/her hand move; and (d) would have him/her take an article against him/her; and (e) would have the victim be demanded to do so in accordance with the victim’s demand to do so.
A person who is designated as a tin in the Republic of Korea, but he/she shall wear the tin in the Republic of Korea.
Along with 3 hours and 40 minutes of disturbance, it was difficult to avoid disturbance, such as refusal to leave, while taking a bath with a large sound.
Accordingly, the Defendant interfered with the business of the victimized person by force.
2. On August 13, 2017, the Defendant forced indecent act: (a) around 08:40 on several occasions demanded payment of the drinking value and returning home from the said injured person; (b) but refused to do so; (c) on that occasion, talks about the part of the stairs between the victim and the second floor and the first floor; and (d) on that part, the Defendant committed indecent act by making the victim’s left milch chest only once with the victim’s own hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Statement made by the prosecution with respect to E and G;
1. A report on investigation (the extraction and analysis ofCCTV images);
1. 112 A list of reported cases;
1. Application of the Acts and subordinate statutes governing CCTVs, CCTV images, and CCTV files, at the scene of crime;
1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 298 of the Criminal Act (the point of forced indecent act) and the choice of imprisonment with prison labor for the crime;
1. The aggravated Criminal Act for concurrent crimes.