When the defendant does not pay the above fine, 100,000 won.

At around 23:00 on October 21, 2018, the Defendant was driving by the victim D (W), a proxy driver, in the vicinity of Jinju-si B, on three occasions at the right chest of the victim, while getting on and off the top of Echip motor vehicle, which was driven by the victim D (Woo, 56 years old).

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Police officers and prosecutor's protocol of statement concerning D;

1. Previous convictions in the judgment: Criminal history records, investigation reports (refence of repeated crimes, filing of judgments, and expiry of the term of punishment) and defense counsel's arguments, the defendant and defense counsel asserted that the defendant only carried the victim's shoulder at the level of encouragement, and that the victim's chest does not have any fact.

The victim's statement is consistent and specifically stated by the investigative agency to this court. At the time of this case, the victim reported the crime of this case to the police box while driving by proxy the defendant's residence, and it is difficult to find any special motive or reason for the victim to gather the defendant by tending false facts, and considering the content of the victim's statement and the attitude of the victim's statement in court, it is judged that the victim's statement is credibility.

Therefore, since it is judged that the victim was forced to commit an indecent act as stated in the facts charged by the defendant, the above assertion by the defendant and the defense counsel is not accepted.

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the defendant denies and does not reflect the crime, that the victim desires to be punished strictly, and that the defendant wants to do so.