Text
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. At around 16:50 on May 18, 2013, the Defendant committed an indecent act by compulsion by force against the victim E (here, 25 years of age) who was under the influence of alcohol in the D shop located in Busan Jin-gu, Busan, and is an employee, “Accasy” and forced the Defendant to talk with his/her hand and use his/her right shoulder and arms twice.
2. At around 17:10 on the same day as the preceding paragraph of the obstruction of performance of official duties, a police officer, who was dispatched after receiving a report from the said victim within the back seat of the patrol vehicle standing in front of the said D shop, was deemed to have obstructed the police officer’s legitimate performance of duties by viewing that the slope G belonging to the F District District of the Busan Jin-gu Police Station “I will see to the front seat of the patrol vehicle,” and obstructing the police officer’s legitimate performance of duties by making it difficult for the police officer to view the police officer, who was dispatched on one occasion at the back seat of the patrol vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol to E, G, and H
1. Relevant provisions of the Criminal Act, the choice of punishment, Article 298 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order after Completion (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)
1. Where a conviction becomes final and conclusive on the crime of indecent act by compulsion in the judgment that is subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 2 of the Addenda to the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by April 15, 2010), Article 5(1) of the Addenda to the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012), and Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.