Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

1. On July 12, 2017, around 02:18, the Defendant: (a) discovered the victim D (20 years of age) in front of the convenience store located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant committed an indecent act by force by dividing the victim’s left chest into one’s right blus; (b) divided the victim’s chest into one’s right blus.

2. The Defendant continued to commit a forced indecent act on the same day at around 02:21 on the same day, found the victim D, coming from the above convenience store at the same place as the above paragraph 1, and continued to spread out his/her descendants to the chest of the victim. However, the Defendant did not commit an attempted indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good that the defendant committed an attempted indecent act or forced indecent act against the same victim. The victim appears to have caused a considerable sense of sexual shame due to the instant crime. Nevertheless, if considering the fact that the defendant did not receive a letter from the injured person, the defendant’s liability is not somewhat weak.

However, in light of the fact that the defendant committed the crime in this case and against the mistake, that the defendant did not relatively focus on exercising one tangible power, that the defendant did not have any criminal record for the same kind of crime, and that there was no other criminal record for the defendant, the defendant's age, sex, environment, motive, means and consequence of the crime in this case, and all the conditions of the sentencing as shown in the previous theory, such as the circumstances after the crime, etc., the punishment as ordered