Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 14, 2017, the Defendant, at the port point of “E” located in Nam-gu, Nam-gu, at the port of port on September 14, 2017, danced the victim F (n, 27 years of age) and the victim G (n, 22 years of age) who had danced at the same stage, but the victims show their refusal to do so, and the victims committed indecent act at the victim’s own hand by making the victim’s left am, and the victim’s right-hand am, depending on the victims, she committed an indecent act at the victim’s own hand.
Accordingly, the defendant forced victims to commit indecent acts.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes in the F and G public prosecutor's office and police statement protocol;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant's act does not constitute an indecent act that causes sexual humiliation or aversion to the victims;
2. The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also the case where the body of the person who commits the indecent act is deemed to be an indecent act. In this case, as long as the assault in this case does not necessarily require the degree of suppressing the other party’s intent, and the exercise of force against the other party’s will is exercised, the force’s force should not be neglected.
In addition, indecent acts are acts that cause sexual humiliation or aversion to the general public objectively and are contrary to good sexual moral sense, which infringe on the victim's sexual freedom, and whether it constitutes it is with the victim's intention, gender, age, and perpetrator.