Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

피고인은 2017. 10. 29. 07:00 경 서울 마포구 C에 있는 ‘D’ 주점에서, 그전 즉석만 남을 통해 알게 된 피해자 E( 가명, 여, 21세) 등과 함께 술을 마시며 이야기를 하던 중 피해자가 거부 의사를 밝혔음에도 피해자의 손을 잡고, 피해자에게 팔짱을 끼며, 피해자의 볼에 뽀뽀하고, 손으로 피해자의 허벅지를 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act selection of punishment, and selection of fines (Consideration of the fact that the defendant is the primary offender, and that there has been an agreement with the victim, etc.);

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. If a conviction on the crime of indecent act committed in the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to an employment restriction order, the prevention of the sex offense subject to registration that may be achieved, and the effect of protecting the victims, there are special circumstances in which the disclosure of personal information should not be disclosed and the employment restriction order should not be issued.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.