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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant and the victim C (n, 21 years old) are the first space from the drinking house of "D" located in Bupyeong-gu Incheon on October 2, 2017.
1. Around 03:50 on October 2, 2017, the Defendant driven a G-learning vehicle with approximately 0.091% alcohol concentration between approximately 20 minutes and 04:10 on the same day from the street 66:10 on the same day to the “Fel” parking lot located in the same Gu E-gu, Bupyeong-gu, Incheon.
2. The Defendant, at around 03:54 on the same day, committed an indecent act by force, when he/she placed the victim on the foregoing vehicle at an infinite place located in Bupyeong-gu Incheon, Incheon, while stopping the above vehicle due to the suspension signals, he/she was under the influence of the victim himself/herself, and the victim forcedly committed an indecent act, such as dancing the victim’s infiniteness.
[As the defendant denies the crime of the above forced indecent act, the crime of indecent act by force includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of violence or intimidation but also the case where the body of the person who committed the indecent act is deemed to be an indecent act. In this case, the assault is not necessarily required to suppress the other party's will.
In addition, an indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and that infringes on the victim’s sexual freedom. Whether it constitutes an indecent act ought to be decided carefully in full view of the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to such act, specific circumstances leading to such act, the surrounding objective situation, and the sexual morality concept of the age (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2015Do6980, Sept. 10, 2015). The following circumstances recognized by each of the instant evidence, namely, the victim from the police investigation stage: