Text
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant and the victim B (the family name, the female, the age of 38) have been known from August 2019 to the point of view.
Around January 27, 2020: (a) around 18:10 to 19:30, the Defendant entered with the victim in Damo Mamo Damo Damo Damo Damo-si and drinked alcohol; (b) demanded the victim to have sexual intercourse with “the same person, one time,” and subsequently, had sexual intercoursed with the victim who expressed his intention of refusal and committed an indecent act by force.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. On-site description;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of restriction on employment, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, order of disclosure, order of disclosure, notification, and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such order, the prevention of sexual crimes subject to registration that may be achieved, and the effect of protecting the victims thereof, it shall be determined that there are special circumstances in which
1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,