Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
피고인은 2018. 1. 2. 03:00 경 대전 서구 C 빌딩 3 층에 있는 ‘D' 주점에서 합석하게 된 피해자 E( 여, 18세) 의 옆자리에 앉아 피해자의 손을 잡고 피해자의 허벅지에 수회 손을 올렸으며, 피해자에게 귓속말을 하면서 어깨를 감싸고 귀에 뽀뽀를 하여, 피해자를 강제 추행하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statements of E and F;
1. An investigation report (a report on the confirmation of images of a CD submitted by a victim);
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;
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 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order, the preventive effect and effect of the instant crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed)
Article 56 (1) proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from employment restriction order
I think)
When a conviction becomes final and conclusive on the facts constituting a crime on which personal information is registered, the defendant shall be subject to special cases on the punishment of sexual crimes.