Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2016. 11. 12. 22:30 경 인천 중구 C 지하 1 층에 있는 ‘D’ 이라는 상호의 주점 11번 룸에서, 위 주점 종업원인 피해자 E( 여, 21세) 와 함께 노래를 부르다가 양팔로 피해자를 뒤에서 끌어안고 손으로 가슴을 만지고 피해자의 치마 안으로 손을 넣어 사타구니 부분을 만지고, 피고인의 성기를 피해 자의 엉덩이 부위에 비비고, 피해자의 양쪽 어깨와 목 부위를 혀로 핥는 등 피해자를 강제로 추행하였다.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Application of the witness E’s legal statement statutes;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 186(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 thus, is obligated to submit personal information to the head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.