준강제추행
Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
피고인은 2018. 1. 13. 02:30 경 서울 성동구 C에 있는 D 사우나 남탕 수면 실에서 잠을 자고 있던 피해자 E(53 세) 의 상의 속으로 손을 집어 넣어 배를 쓰다듬고 성기를 만지려 하고, 계속해서 수면 실에서 자고 있던 피해자 F(30 세) 의 사타구니 부분을 혀로 핥는 등으로 잠이 들어 있던 피해자들의 항거 불능 상태를 이용해서 피해자들을 추행하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Application of each statute of G;
1. Articles 299 and 298 of the Criminal Act concerning the facts constituting the crime;
1. Selection of each selective fine for punishment (the victims have not been punished against the accused and the first offender shall be considered);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Where a conviction on the criminal facts of this case against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, 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 thus the defendant is obligated to submit personal information to the competent agency
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
As such, a disclosure order or notification order shall not be issued to the defendant.