Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant was in a de facto marital relationship with the victim B (n, 36 years of age)

It is between middle school-friendly districts in C.

On September 22, 2017, the Defendant committed an indecent act by force on two occasions by driving the victim’s right chest with the victim’s own hand under the influence of alcohol while the victim she was under drinking together in the “Esing room” located in Pyeongtaek-si D on September 2, 2017.

Summary of Evidence

1. Legal statement of the witness B;

1. Partial statement of the witness C;

1. Entry of the accused in B and C in the protocol of interrogation of the suspect against the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. The police statement protocol as to B (the evidence duly adopted and examined by this court) (the victim is credibility in the victim's statement, since this court and investigation agency have consistently and specifically stated the victim's body at this court and investigation agency about the situation at which the victim's body was leaked, the content of the damage, the situation before and after the crime, and the defendant's act before and after the crime, etc., and there are no other circumstances where the victim's statement is false.

Therefore, the defendant and his defense counsel's assertion that he did not forcibly commit an indecent act as stated in the judgment shall not be accepted.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act does not mean that sexual humiliation or mental shock that she was frightened by the victim, and the punishment for the crime was not light due to the victim’s failure to receive an instruction from the victim, the first offender is an initial offender, and the Defendant’s age, sex, etc. is committed.