강제추행
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
around 21:00 on October 16, 2019, the Defendant committed an indecent act by force against the victim D (here, older than 21) who provides alcoholic beverage publicity services at the “C” restaurant located in Songpa-gu Seoul, Songpa-gu, Seoul, on the following grounds: (a) the Defendant was found to have taken the victim’s hand and did not put the victim for about 10 seconds; and (b) the Defendant was found to have committed an indecent act on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to D and E;
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The range of punishment by a fine not exceeding 15 million won;
2. Determination of sentence [Incompetence] The victim seems to have suffered a considerable sexual humiliation and mental suffering due to the instant crime;
The victim was not able to receive any conviction from the victim.
[Lew] There is no record of punishment for the same crime.
Recognizing the crime of this case, one reflects his wrong behavior.
The degree of indecent act is not severe.
The punishment shall be determined as per the order, comprehensively taking into account the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.
Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43
The age and occupation of the defendant exempted from disclosure and notification order, the risk of recidivism, the motive and background of the crime, the seriousness of the crime, the disclosure order or notification order, and the degree and expected disadvantage of the defendant.