Text
Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. Defendant A
A. On April 20, 2017, the Defendant forced indecent act: (a) entered D main points located in C around 01:20 on April 20, 2017 to 88 copacker; (b) sited behind the victim E (V, 57 years of age) who is an employee; (c) 2-3 times the victim’s her her son’s her her son, and her chest only once and committed an indecent act by force against the victim.
B. At around 01:40 on April 20, 2017, the Defendant: (a) was drunkly drunked to the victim without any justifiable reason; (b) was faced with the victim, etc.; (c) continued to have the victim go beyond the victim in line with the victim’s et al. by having the victim go beyond the victim at a single time on drinking; and (d) continued to have the victim go beyond the victim in line with the victim’s et al., thereby leading the victim to approximately 3 weeks of medical treatment.
2. Defendant B: (a) around April 20, 2017, around 01:34, the Defendant committed an indecent act by force against the victim’s chest who was in front of drinking alcohol together with the Defendant A, who was in front of drinking alcohol No. 88, on April 20, 2017.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 298 of the Criminal Act (the point of forced indecent act) and Article 257(1) of the Criminal Act (the point of injury) and Article 257(1) (the point of injury): Article 298 of the Criminal Act;
1. Selection of each of the Defendants’ fines
1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;
1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse
1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Defendants
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense (except for the crimes of 1.B.) subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendants are subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, they are subject to registration of personal information under Article 43 of the same Act.