Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

피고인은 2015. 1. 23. 00:00경 대전 서구 C 4층 남탕 수면실에서, 그곳에서 잠을 자고 있는 피해자 D(남, 18세)에게 다가가 피해자 옆에 누워, 피해자의 가슴 부위를 더듬고 입으로 오른쪽 젖꼭지를 빨았다.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Where a judgment becomes final and conclusive to submit personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall become a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing lies in the following: (a) the Defendant’s mistake and reflects all the mistakes; (b) the degree of mental impulses that the victim saw, and the victim expressed his intent not to punish by agreement with the victim; and (c) the primary offender who had no record of punishment prior to the instant case.