Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2018. 11. 18. 05:30경 경기 성남시 분당구 B, 동 호에 있는 지인인 피해자 C(가명, 남, 24세)의 주거지에서, 술에 취해 잠이 든 피해자의 바지를 내린 후 입으로 피해자의 성기를 빨면서 손으로 피해자의 젖꼭지를 만졌다.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of photographs of a victim), investigation report, and materials requested for appraisal;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) 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;

1. Where a conviction against a defendant who shall file for the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same

Pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, comprehensively taking into account the defendant's age, occupation, criminal history, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and effect of the disadvantage of the defendant accused due to the employment restriction order, the degree and effect of the victim's protection, etc.