Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

피고인은 2012. 9. 16. 8:30경 서울 광진구 C에 있는 D 편의점에서, 편의점 앞 파라솔에 앉아 있던 피해자 E(여, 17세)를 보고 강제추행할 마음을 먹고, 피해자에게 “예쁜 언니들이랑 맥주를 한잔해야 되겠다, 내가 하룻밤에 여성 3명과 잠을 잤다, 정력이 세다, 오늘도 여성에게 마사지를 받고 왔다”라고 하면서 손으로 피해자의 종아리 부위를 3회 정도 쓰다듬고 만짐으로써 피해자를 강제 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the defendant;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction is finalized against a defendant who registered personal information of this case under Article 334(1) of the Criminal Procedure Act, the defendant constitutes a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and is obliged to submit personal information to a competent agency pursuant to Article 34 of the same Act.

The reason for sentencing is that the Defendant repeatedly commits an indecent act against the body of the victim who is a juvenile. In light of the characteristics, etc. of the victim who is vulnerable to the crime, the criminal liability of the Defendant is not weak, but there is no significant penalty heavier than that of the previous and suspended execution, the type of the victim and the degree of indecent act is relatively minor, and the defendant reflects his mistake, etc., taking into account all other favorable circumstances, such as the Defendant’s age, character and conduct, environment, the background and means of the instant crime, and the result, etc., into consideration.