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Reasons
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(영문) 부산지방법원 2018.12.12 2018고단3700
강제추행
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1. The defendant shall be punished by a fine of two million won;

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

Reasons

Punishment of the crime

On June 17, 2018, at around 03:30 on June 17, 2018, the Defendant was found to go together with the victim F (V, 22 years of age) in the "E" restaurant located in Busan Jin-gu Busan, Busan, but was rejected, and was faced with the victim's view.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police with regard to F;

3. Application of Acts and subordinate statutes reporting police investigations;

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

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Disclosure of Registered Information and the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant committed the instant crime in a contingent and shock manner while drinking); the Defendant committed the instant crime in a state of drinking; the Defendant’s act of committing the instant crime; the Defendant’s act of committing the instant crime; the Defendant’s act of committing the crime in a state of drinking; the Defendant’s act of committing the crime in a state of drinking; the Defendant’s act of committing a sex offense or other crime; there has yet to be any history of punishment; the young who reached the age 22 is expected to improve his personality and behavior in the future; the Defendant’s character, occupation, environment, family relationship, etc. and other various circumstances revealed in the records should not be deemed to have any special reason to disclose or limit the Defendant’s personal information.

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing; and

In this case, during the deep night of the defendant.

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