Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. 강제 추행 피고인은 2015. 10. 3. 01:40 경 서울 송파구 C 앞 노상에 주차된 자신의 그랜저 차량 (D )에서, 함께 술을 마신 직장 부하인 피해자 E( 여 ,30 세 )를 집에 데려 다 주겠다며 위 차량 조수석에 태운 후 갑자기 피해자를 끌어당겨 안은 후 키스를 하고, 피해자가 얼굴을 돌리고 피고인을 밀치면서 차량 밖으로 나가려 하자 차량 문을 열지 못하게 한 후 피해자의 오른쪽 귓불을 입으로 깨물고 피해자의 상의 안으로 손을 넣어 가슴을 만지고 바지 안으로 손을 집어넣은 후 피해자의 음부를 만지려고 하는 등 피해자를 강제 추행하였다.

2. Around October 3, 2015, the Defendant’s forced indecent act was obviously a clerical error in the instant indictment No. 1.30 on October 3, 2015, and even if it was corrected without any amendment to the indictment, it does not seem that the Defendant would substantially obstruct the Defendant’s exercise of his/her right to defense. Accordingly, the Defendant’s correction ex officio is made.

At the place of the victim's body in the process of fighting with the defendant, the victim was forced to commit an indecent act by taking advantage of the state of resistance impossibility that the victim was divingd during the process of fighting with the defendant, by inserting the hand into the inside of the above victim's body and spreading the chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act (the point of forceful indecent act), Articles 299 and 298 of the Criminal Act (the point of forceful indecent act) and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The fact that the crime is not good in light of the nature and degree of the indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and that the victim’s sexual humiliation and mental suffering from the instant crime can be seen as considerable.