Text
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
At around 22:00 on March 2, 2013, the Defendant, at a main point operated by the victim E (V, 51 years of age), who was seated with the victim, was willing to commit an indecent act by force against the victim while he was under drinking with the victim.
The defendant, while coming to toilets, was sitting back to the side of the victim, and was able to bring and fit for the victim.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Application of Acts and subordinate statutes to witness E;
1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts, the choice of fines (including the absence of criminal records of the same kind of crime and imprisonment without prison labor or any heavier punishment);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 11556, Dec. 18, 2012)
1. Where a judgment of conviction becomes final and conclusive on the criminal facts that are subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the defendant constitutes a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency under Article 33 of
In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protection of the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., the defendant shall not be sentenced to disclosure order or notification order on the grounds that there are special circumstances that may not disclose personal information.