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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 20, 2017, around 20:40 on August 20, 2017, the Defendant drinked alcoholic beverages along with the day to day at “D” house located in Jung-gu Seoul Metropolitan Government, and committed an indecent act by force against the victim E (V) who was seated after the Defendant’s left side, and her hand to the 26 years old.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of investigation reports (Attachment to the production of field CCTV images and attaching on-site photographs), CD-related Acts and subordinate statutes;
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.
In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.
The reasons for sentencing shall be as follows, and the age and occupation of the accused.