Text
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. At around 00:01 on March 17, 2013, the Defendant: (a) committed indecent act by compulsion; (b) the victim E dance in the “D” club located in Dongdaemun-gu Seoul Metropolitan Government; (c) but (d) the victim E, who may know at all, committed indecent act by compulsion against the victim by taking the victim’s right chest in the aftermath of the victim.
2. The Defendant committed assault on the date, time, and place mentioned in paragraph 1, and on the part of the victim, with the floor of the victim’s hand that the victim spokes the Defendant’s hand, by taking the victim’s left side into account once.
Summary of Evidence
1. Application of each of the Acts and subordinate statutes on witness E, F and G's statutory statements;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 298 and 260 (1) of the Criminal Act concerning the selection of punishment, and the choice of fines;
1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the penalty is added up to the total amount of concurrent crimes) ;
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. Where a conviction of the accused is finalized on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012), the accused 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 accused is obligated to submit personal
Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration to be achieved therefrom, and the effect of protecting the victims, etc.