Defendant shall be punished by a fine of five million won.

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

Punishment of the crime

On September 16, 2016, the Defendant committed an indecent act against the victim by reporting the victim F (the 23 years of age, 23 years of age) in a situation where she cannot resist because the Defendant she was divingd at E Ma or 3rd floor located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and by making it possible for the victim to take the hand over to the right side of the victim, and by making the victim’s left chest, who is going back to the right side of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to F;

1. A 112 report processing statement;

1. The CCTV photograph (the defendant and his defense counsel) asserts that the victim was not guilty on the ground that the victim was not in an impossible state to resist immediately after the victim got her chest, in view of the fact that the victim immediately broken down his chest.

그러나 형법 제 299조의 준강제 추행죄에 있어 ‘ 항거 불능의 상태’ 는 범행 당시를 기준으로 판단하여야 하므로, 피고 인의 추행 행위 당시 피해자가 잠이 들어 있어 추행행위에 저항할 수 없는 상태에 있었음이 인정되는 이상 그 추행행위의 결과로 말미암아 피해자가 잠에서 깨어 그 항거 불능의 상태가 소멸하였다거나 추행행위로 잠이 깰 만큼 수면의 깊이가 깊지 않았다고

to the extent that the failure to resist was not in a state of resistance.

[A] Application of the law

1. Article 299, Article 298 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is that the defendant committed a crime set forth in the judgment so that the public is gathered, and that the degree of indecent act, such as taking the victim's chest, also is light;

In light of the fact that it cannot be seen, it is against the defendant about the criminal facts of sexual assault crime which are subject to the registration of personal information as ordered in consideration of the unfavorable circumstances, the fact that the victim agreed with the victim, the first offender who has no record of crime, and the fact that he has yet to be aged young people.