Text
Defendant shall be punished by a fine of KRW 3,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant and the victim C (n, 19 years of age) are D University E and motive.
피고인은 2018. 1. 2. 03:00 경 부산 북구 F 아파트 3동 341호 거실에서 피해자가 술에 만취하여 잠을 자는 것을 보고 양손으로 피해자의 종아리를 만지고, 피해자의 발바닥을 피고인의 얼굴에 가져 다 대어 비비고, 혀로 피해자의 발바닥을 핥으면서 자위행위를 하였다.
Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Articles 299 and 298 of the Criminal Act applicable to the facts constituting an offense;
2. Selection of an alternative fine (such as any criminal history and any agreement with the victim).
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
5. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.
[Determination]
6. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is in accordance with Article 43 of the same Act.