Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
피고인은 2019. 7. 17. 23:00경 하남시 B건물에 있는 ‘C’ 식당에 방문하였다가 소란을 피워 종업원들이 피고인을 식당 밖으로 데리고 나가자, 종업원인 피해자 D(32세)과 말다툼을 하다가 갑자기 양팔로 피해자의 목을 끌어안아 조르고, 혀로 피해자의 입 주변을 핥고, 입 속으로 혀를 집어넣으려고 하여 강제로 추행하였다.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Application of each police protocol of statement to D, E, and F
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, the defendant 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 is obligated to submit personal information to a competent agency pursuant
In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso to Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49 (1) and proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The defendant's age, family environment and social relationship, records of crimes, details and motive of crimes, and methods of committing crimes exempted from employment restriction order.