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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

At around 02:40 on July 29, 2012, the Defendant: (a) took a drinking in front of the D cafeteria located in Heungsi City, and (b) took a drinking in front of the D cafeteria, and (c) took a look at the victim E (15 years of age, female) who was frightly boomed, and took the part of the victim’s drinking with his left hand, and took it into force once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (wholly amended by Act No. 11572, Dec. 18, 2012);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. As to the assertion of the Defendant and his/her defense counsel under Article 21(2) main sentence and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012), the Defendant and his/her defense counsel asserted that the Defendant had a state of mental disability under the influence

In light of various circumstances, including the following: (a) although the Defendant was found to have drank alcohol at the time of the instant crime, the evidence presented as evidence of guilt; (b) the background and means of the instant crime; (c) the Defendant’s behavior before and after the instant crime; and (d) the Defendant made a statement at an investigative agency to a relatively detailed memory of the circumstances and processes before and after the instant crime, it is not deemed that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

The crime of this case with the reason of sentencing was committed by the defendant with the sexual organ of the juvenile who is only the defendant, and was forced to commit an indecent act.