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

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

Since the Defendant is a confession of the criminal history of the crime, he/she will make an additional statement on the same part as the relevant reinforced evidence in the same manner as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

피고인은 2020. 8. 20. 02:50경(증거기록 제5쪽 참조) 강원 홍천군 B에 있는 피고인 자신의 집에서 피해자 C(여, 41세)와 함께 술을 마신 후 이야기를 하다가 피해자에게 성관계를 요구하였고, 피해자가 이를 거부하면서 “하지 말라.”고 소리를 지르고 피해자의 손으로 피고인을 밀쳐냈음에도, 피고인의 양손으로 피해자의 가슴을 만지고 피고인의 혀로 피해자의 목 부위를 핥으며(증거기록 제67쪽 참조) 피해자의 바지 속으로 피고인의 손을 넣어 만졌다

(See Articles 21 and 22 of the Evidence Records). Accordingly, the Defendant committed an indecent act by force against the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An appraisal report;

1. Application of Acts and subordinate statutes governing victim and on-site photographs;

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. The age, occupation, risk of recidivism of the accused under Article 47(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the age, occupation, risk of recidivism of the accused under the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the type, motive, process of the crime in this case, the disclosure order, and the anticipated side effects of the disadvantage the accused is expected;