Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 26, 2017, from around 00:00 to 00:01 on the same day, the Defendant got off the victim’s chests and back the part of the victim’s fingers with female toilets by drinking alcohol at the “F” singing room located in Gangseo-si E, and attempted the victim to get out of female toilets. As such, the Defendant laid off the victim’s her blap by cutting off and cutting down the victim’s her breasts and backs by hand.
Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.
Summary of Evidence
1. Legal statement of the witness;
1. Details of apologys and letters sent to the victim by the victim, and H dialogue between G and the victim;
1. Application of Acts and subordinate statutes to voice files in the victim's husband's currency with the victim;
1. Although Article 299 of the Criminal Act is omitted in the pertinent Article of the Criminal Act and Article 299 of the Act applicable to the selection of punishment for the crime, it is corrected to add it ex officio as there is no error and there is no impediment to the exercise of the defendant's right to defense.
§ 298. Selection of fines
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. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.
Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.