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
피고인은 2014. 9. 16. 01:30경 경산시 C 102호에 있는 피고인의 집에서, 학교 친구인 D, E의 동아리 후배인 피해자 F(여, 21세)이 피고인이 외출한 사이에 위 D, E와 술을 마시다가 혼자 잠을 자고 있는 발견하고, 손으로 피해자의 엉덩이와 음부를 만지고, 피해자의 상의 안으로 손을 넣어 가슴을 주무르고, 오른쪽 귀를 혀로 핥았다.
Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement-related Acts and subordinate statutes to F;
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered under Article 334(1) of the Criminal Procedure Act, the Defendant 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 is obliged to submit the personal information of the Defendant to the head of the competent police office pursuant
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.