Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On January 6, 2018, the Defendant committed an indecent act in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act in Public C Place) on the second floor of the hotel underground in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, with the right side of the victim D, who was seated in his/her seat on one hand.
2. The Defendant continued to assault the Defendant to resist the act identical to that of the preceding paragraph, and assaulted the victim’s right shoulder by hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Application of CCTV CD-related Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Article 260 (1) of the Criminal Act and the selection of fines, respectively;
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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that the defendant was able to take the victim's her satisfy with his her satisfy, who was in the front of the victim who does not have a common sense. The above act of the defendant is an act that causes the victim to feel sexual humiliation or aversion, and goes against good sexual morality, which infringes on the victim's sexual freedom. The defendant's hand was 1 to 2 seconds of the time when the victim's her satisfy meets the victim's satisfy.
Even if such circumstances affect the nature of the instant crime, it does not affect the nature of the instant crime.
In addition, the defendant's act of friendship the shoulder by hand constitutes a crime of assault by exercising a tangible force on the body of the victim, and the defendant's intention is also recognized.
Where the registration of personal information and the conviction against the defendant to be submitted is finalized, the defendant shall be a sexual crime.