When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

On October 22, 2015, at around 03:00, the Defendant committed an indecent act by force against the victim, such as putting the victim’s quantity at “C” at the main point of Jung-gu Incheon, Incheon, along with the victim D (n, 26 years of age), and placing the victim’s quantity at one time when the victim refused to do so, while drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. The Defendant’s indecent act against the victim, who is an employee working at his own workplace, is not less severe than the nature of the crime, but is not more severe than the attitude of the crime of this case, and the Defendant recognizes and reflects the crime, and only twice the fine records prior to 1998.