준강제추행
1. Defendant shall be punished by a fine of KRW 7,000,000;
2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,
Punishment of the crime
On January 5, 2015, the Defendant, at around 09:30, committed an indecent act by force against the victim D (n, 24 years of age) located in Mapo-gu Seoul apartment site C apartment, with drinking alcohol, and committing an indecent act by force on the victim’s side, who was able to sleep down immediately after drinking alcohol, and forced her to do so.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;
2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.
1. Unfavorable circumstances: The degree of conduct is serious, and the victim seems to have suffered considerable mental impulses because the victim was committed an indecent act from the defendant who was known to the long time, and the victim did not receive any letter from the victim;
1. favorable circumstances: Once a conviction of a sex offense subject to registration becomes final and conclusive in light of all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that a mistake is recognized, contingent crimes, the fact that there is no previous criminal punishment, and the fact that there is no previous criminal punishment, etc. of a defendant's age, environment, relationship with a victim, motive, means and consequence of a crime, etc., and the circumstances after a crime has been committed, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant
The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc.