강제추행
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a student of Uzbekistan nationality.
On August 18, 2019, at around 03:00, the Defendant expressed to the victim D (the 26-year old-old) that had mixed alcoholic beverage in the C convenience outdoor table in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, the Defendant committed an indecent act by force by putting the victim’s neck in selling and using the part of the victim’s arms.
Summary of Evidence
1. Defendant's legal statement;
1. The written statement of the police concerning D (the defendant and his defense counsel asserted that the defendant's act does not constitute an indecent act, but it may be recognized that the defendant's act constitutes an indecent act by compulsion in light of physical condition and circumstances in which the defendant contacted the defendant);
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Reasons for sentencing of a defendant's personal information shall not be disclosed in full consideration of the defendant's age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, disclosure order or notification order, anticipated side effects and expected side effects of the defendant's disadvantage due to such order, prevention of sexual crimes subject to registration that can be achieved due to such order, effect on the protection of the victim, etc.
1. Amount of a fine not exceeding 50,000 won to KRW 10,000,000 within the applicable sentences under law; and
2. Determination of sentence of a fine of three million won or more: the victim shall be deemed to have suffered a disadvantage.