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 August 17, 2014, around 00:10 on August 17, 2014, the Defendant carried out a game along with the victim D (n, 17 years of age) at a house located in the Young-gu Busan Metropolitan City, and carried out a game with the victim D (n, 17 years of age). The Defendant was discharged from panty and panty of the victim, who was under the influence of alcohol remaining after the victim’s drinking.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with victim-friendly E);

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The reason for sentencing in full view of all the circumstances such as the profits expected by an order to disclose or notify the defendant and the effect of prevention, disadvantages and side effects that the defendant's personal information may not be disclosed or notified, taking into account the favorable circumstances that the defendant does not have any past record, etc., and the circumstances that are favorable to the reasons for sentencing, such as the defendant's absence of past record, etc., and the circumstances such as the circumstances that are likely to recommit a sexual crime in light of the circumstances of the crime in this case, etc.

1. The scope of punishment: Fines of not less than 5 million won but not more than 15 million won;

2. Determination of sentence: The criminal act of this case with a fine of a fine of five million won is committed by the defendant together by the defendant and the victim of drinking alcohol salves from the defendant's house while under the influence of alcohol and the rest of drinking.