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 August 15, 2017, around 20:40 on August 20, 2017, the Defendant, while drinking alcohol within the “D cafeteria” in Seongbuk-gu Seoul Metropolitan Government, committed an indecent act by force against the victim E (V, 25 years of age) who was in his/her own seat to make accounting in front of the Amater.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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 was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime

The argument is asserted.

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 seems that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case. Thus, the above assertion is rejected.

The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The victim frighted sexually.