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

Although a public prosecution was instituted due to an indecent act by force, the crime of indecent act by force is recognized as identical to the facts charged of the crime of indecent act by force and the facts charged are sufficiently examined in the trial process, it is recognized as above without the amendment process

Article 299 of the Criminal Code provides that a person who has sexual intercourse or commits indecent act by taking advantage of a person's mental or physical loss or an impossible condition shall be punished as the crime of rape or forced indecent act in Article 297 and Article 298 of the Criminal Code.

Here, the state of impossibility of resistance is called

The term "the Criminal Code" means a case where psychological or physical resistance is absolutely impossible or substantially difficult due to reasons other than loss of mental or physical body in balance with Articles 297 and 298 of the Criminal Code (see Supreme Court Decision 98Do3257, May 26, 2000, etc.). The defendant, around July 18, 2017, 200, caused water by the body of the injured party D (tentative name, leisure, 23 years of age) who is coming from the Chungcheongnam-gu Bridge Ch, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Bh, and drinking water, and only one time the breast of the injured party was taken out under the influence of alcohol while the injured party was locked again.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements statutes to victims, E, F, and G;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the claim is that the defendant did not leave the victim's chest.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by this court, the following facts are recognized.

1) On July 17, 2017, the victim is together with E (tentative name) and F (tentative name).