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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
At around 02:30 on June 21, 2015, the Defendant: (a) provided that the victim E (hereinafter referred to as “D”) who had danced with his/her friendship, she was able to influorize the part of the victim’s distribution by her hands, and the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Part of the protocol concerning the examination of the suspect against the defendant;
1. Each police statement made to E and F;
1. The defendant and his/her defense counsel asserts that there was no fact that the victim was forced to commit an indecent act at the time and place of the decision by the defendant.
However, in light of the fact that the statements made by the victim about the situation at the time of indecent act are very specific and consistent and the circumstances in which the victim designated the defendant who had danced as an offender, etc., the victim's statement can be reliable. If we look at other evidences mentioned above, the victim's statement can be sufficiently recognized as an indecent act by force as stated in the ruling at the time and place of the defendant's decision. Thus, the above assertion is rejected.
Application of Statutes
1. Article 298 of the Criminal Act applicable to the facts constituting a crime 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 Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The sentencing criteria of the Supreme Court sentencing committee is not applicable to a case where a fine has been selected for a crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act.
Details of the crime.