강제추행
A defendant shall be punished by imprisonment for six months.
The defendant shall order the completion of a sexual assault treatment program for 40 hours.
Punishment of the crime
On March 20, 2016, around 08:50 on March 20, 2016, the Defendant: (a) followed the victim E (here, 18 years of age) who passed the place in front of D E located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) followed the victim E (here, 18 years of age) in his/her hands, and (c) met
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a report on investigation (other operation ofCCTV screen and confirmation of the victim form);
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
The Defendant asserts that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.
In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.
The reason for sentencing [the scope of recommended punishment] is to determine the basic area of sentencing (6 months to 2 years) of the first type of indecent act (the subjects of 13 years or more).