준강제추행
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On December 16, 2013, from around 02:20 to 02:58 of the same day, the Defendant committed an indecent act against the victim by putting the victim out of raging, fluor and panty, by taking advantage of the victim’s mental disorder or unknown condition of the victim’s refusal to resist, and by taking advantage of the victim’s failure to resist the victim’s body, the Defendant found that the victim D (the age of 23) initially considered on the road near the Sungnam-gu Seoul Central Market, Manam-si, and that she sits on the road by drinking alcohol, and going to the house.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Application of Acts and subordinate statutes on internal investigation reports (54 pages of investigation records);
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Where a judgment of conviction is rendered against a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant shall be a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile
In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.