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

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

Punishment of the crime

On December 16, 2017, the Defendant, at around 21:48, 2017, expressed a desire to customers on the side tables in the “E” restaurant operated by the victim D (n, 49 years of age) in Seo-gu Incheon, Seo-gu, Incheon, and committed an indecent act on the part of the victim by forcing the victim to commit an indecent act on the part of the victim while the victim, who was the owner of the business, was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs at the scene of occurrence;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify the accused, in full view of the Defendant’s age, occupation, risk of recidivism, the type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is the result of the order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

In light of the view, place and method of indecent act on the reason of sentencing, the degree of indecent act is not relatively much severe, and the defendant is identical to that of the defendant.