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

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

Punishment of the crime

On September 4, 2017, at around 10:15, the Defendant: (a) reported that he was under the influence of alcohol by a victim D (n, 52 years of age) in the street room in Dong-gu Incheon Metropolitan City, Dong-gu B; (b) made it possible for the Defendant to take advantage of the victim’s side; and (c) made an indecent act by force against the victim by inserting his hand into the part of the victim’s inner part, and by inserting him only once.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image verification case);

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

The reason for sentencing is that the nature of the crime in this case is not somewhat weak in light of the form of the crime in this case and the degree of indecent act, but it is considered in favor of the fact that the defendant recognized the mistake and reflects the defendant, that the victim does not want the punishment of the defendant, and that there is no record of the same sexual assault crime.