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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On September 4, 2014, at around 20:50, the Defendant committed an indecent act on the part of the victim D (the age of 18) who was fright together with his driving to see a public performance in the 209 Sejong University playground-ro, Gwangjin-gu, Seoul Special Metropolitan City, on September 4, 2014.
Summary of Evidence
1. The witness D and E’s each legal statement (the defendant and his defense counsel claimed that the defendant was under the influence of alcohol against the victim and did not commit an indecent act. However, each of the witness D and E’s statements is consistent and specific with respect to the defendant’s act, content of damage, the fear and response of the victim, the situation before and after the crime, and the circumstances before and after the crime, and the contents of the statement do not conflict with the situation at the time of the crime, and there is no reason to believe that the defendant’s statement would be false in the victim’s statement, and credibility is recognized in light of the witness’s attitude in this court).
1. Application of each police protocol of statement to D and E;
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding the Provisions on Reduction of and Exemption from Liability (Article 10 (1) and (2) of the Criminal Act does not apply to each sexual crime of this case by the defendant, although the defendant alleged that the defendant committed a crime in the mental or weak condition due to the detention);
1. Articles 70 (1) 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The circumstances favorable to the defendant that the defendant has not been opened, and that the victim wants to punish the defendant: the fact that the defendant has no criminal power, the fact that the defendant was a crime by accident under the influence of alcohol, and the age, occupation, character and conduct of the defendant.