Text
Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won shall be paid.
Reasons
Punishment of the crime
1. The Defendant, at around 04:40 on August 7, 2012, committed indecent act by compulsion, the Defendant committed an indecent act by compulsion against the victim’s will, even though the victim expressed his/her intention of refusal, on the part of the victim, he/she was in play together with the victim E (at the age of 31) who was singing in a singing practice room located in Sungnam-gu, Sungnam-gu, Seoul.
2. The Defendant assaulted the victim at the time, time, and place under the preceding paragraph on the ground that the same victim tried to leave the above singing practice room without paying the time to assign, and thus, he was able to take the scam at the time and place on the floor of the victim’s hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Application of each police interrogation protocol to Defendant, F, and E
1. Article 298 of the Criminal Act and Articles 298 and 260 (1) of the Criminal Act: Selection of a fine;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Where the accused who has registered personal information under Articles 70 and 69(2) of the Criminal Act was convicted of indecent act by compulsion, the accused is a person subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obliged to submit personal information to the head of the competent police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act
However, in light of the content of a crime subject to registration, the history of punishment, character and conduct, and possibility of prevention by other measures, etc., it is deemed that there are special circumstances that may not disclose personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, no order to disclose or notify personal information is issued.